Criminal Trespass in Colorado

First Degree Trespassing is to enter or remain in someone else’s home or vehicle without their consent with the intent to commit a crime. Entering a residential dwelling as part of burglary or assault, or entering a car to steal packages, would incur this kind of trespassing charge.

Second Degree Trespassing is to enter or remain a nonresidential building, fenced area, or any space that is clearly designed to exclude outsiders. This also includes entering a car, without the intent of committing a crime. This charge is often used when businesses have asked someone to leave after a fight or other disruption.

Third degree trespassing is to enter land that is owned by another person. These are the charges frequently used when a person has “taken a shortcut” across someone else’s land without having to go over a fence or other barrier.

Civil Trespass

Property owners can also seek damages in civil court for trespassing, even if criminal charges are not filed. Civil trespassing complaints do not have to include any property damage or demonstrate that the trespasser committed a crime on the property. Further, anything which prevents the owner from the use or enjoyment of their property can be considered “trespassing” including smoke or loud noises from adjoining properties. Civil trespass damages can include property damage, emotional distress, and loss of revenue.

Reasons that Justify Trespass

Types of trespassing that could be legally justified include:

• Consent of the Owner – This includes not only the knowledge of a specific individual’s presence and express consent for them to be there but also actions or customs that establish implied consent. If a property owner has allowed access to their property over an extended period and made no efforts to restrict entry.
• To prevent personal harm – To save a life or avoid serious physical harm you may enter another person’s property.
• To prevent public harm – To prevent a fire, property damage, or avert a disaster you may enter a property.
• As public agent — A police officer, firefighter, gas, electric, or water company representative may enter a property.
• To pursue a legal right – To retrieve your own personal property, but you should have the consent of the property owner.

If You Are Facing Trespassing Charges, Seek Legal Counsel

First Degree Criminal Trespassing of an occupied dwelling is a class six felony that can include a fine of up to $100,000 and 18 months in prison. The range of trespass charges is large and justifications that can mitigate or eliminate a trespass charge can also be interpreted in multiple ways.  If you have been charged with trespassing, you need to contact a Colorado Springs criminal attorney who understands the nuance of Colorado law and can give you the best possible representation. Call The Bussey Law Firm, P.C. at (719) 475-2555. Free consultations are available.

The post “Trespassing” on Private Property: Is It Ever Justified? appeared first on Colorado Springs Attorneys.

First Degree Criminal Trespass

As stated in the Colorado Revised Statutes at section 18-4-502, “A person commits the crime of first degree criminal trespass if such person knowingly and unlawfully enters or remains in a dwelling of another or if such person enters any motor vehicle with intent to commit a crime therein.” This offense may be charged as a class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $1,000. If the crime involves an occupied or inhabited dwelling, however, it is charged as a class 6 felony, which carries penalties including up to 18 months in prison and a fine of $1,000 to $100,000.

Second Degree Criminal Trespass

This offense is defined at CRS 18-4-503 as follows:

“A person commits the crime of second-degree criminal trespass if such person:

• Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced; or
• Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or
• Knowingly and unlawfully enters or remains in a motor vehicle of another.”

Penalties for second-degree criminal trespass can vary depending on the circumstances. In some cases, it may be prosecuted as a petty offense with maximum penalties of up to 10 days in jail and up to $300 in fines. When a person knowingly and unlawfully enters or remains in someone else’s vehicle, this crime may be charged as a class 2 misdemeanor, carrying penalties of up to 120 days in jail and/or up to $750 in fines. A person accused of trespassing on a premises that has been classified as agricultural land with the intent to commit a felony may face a potential prison sentence of two to six years and/or a fine of $2,000 to $500,000.

Third Degree Criminal Trespass

Criminal trespass in the third degree is unlawfully entering or remaining in or upon the premises of another. It is usually a petty offense that carries penalties of up to 10 days in jail and up to $300 in fines. If the crime is committed on agricultural land with the intent to commit a felony, it is charged as a class 5 felony, punishable by a prison term of one to three years and/or a fine of $1,000 to $100,000.

What Are the Legal Defenses Against Criminal Trespass Charges?

Defenses our Colorado Springs criminal defense attorney will raise will depend on the charges and circumstances in your case. Common criminal trespass defenses include:

• Implied or express consent – permission from the owner to be on the premises
• Property rights – a lawful right to be on the property
• Lack of knowledge of entering private property or agricultural land
• Lack of intent to commit a crime

If you are facing criminal trespass charges in Colorado, it is in your best interests to speak with an experienced lawyer. Skilled legal defense can give you a better chance of obtaining the best possible outcome in your case.

At The Bussey Law Firm, P.C., we provide top legal representation to our clients. We have a proven track record and years of experience. Contact us at (719) 475-2555 for proactive criminal defense.

The post Defending Against Trespass Charges in a Criminal Case appeared first on Colorado Springs Attorneys.