Colorado Springs Trespassing Attorney

Some people do not take the offense of trespass seriously, so when they are charged with this criminal offense, they may not realize the huge stakes involved. Colorado law allows prosecutors to seek a criminal sentence of up to three years upon conviction.

If you are charged with criminal trespassing, reach out right away to the criminal defense lawyers at Anaya & Chadderdon, P.C. for immediate legal assistance. We can start building a solid defense on your behalf.

How Colorado Law Defines Trespassing

Trespassing is the act of knowingly entering another person’s property without their consent. Trespassing can be charged in any of the following degrees, based on the circumstances involved:

First Degree

First-degree criminal trespass is the most serious form of trespassing. It occurs when a person knowingly and illegally enters another person’s home or vehicle with the intent to commit a crime. Notably, a person’s home or vehicle has a broad definition, so it can include a traditional residence, attached garage, tent, or trailer home.

Second Degree

Second-degree criminal trespass occurs when a person knowingly enters another person’s fenced or enclosed private property without the owner’s permission. It can apply to common areas in commercial establishments, such as motels, as well as residential settings, like apartment complexes or condos. It can also apply to trespass on agricultural land. This crime is typically charged as a misdemeanor, but it can be elevated to a felony in some circumstances.

Third Degree

Third-degree criminal trespass is the most basic form of trespass, which involves knowingly entering someone else’s property without their consent. Depending on the circumstances, it can be charged as a misdemeanor or petty offense.

Penalties for Criminal Trespass in Colorado

The potential penalties for criminal trespass generally depend on the degree the offense is charged, the surrounding circumstances, and the defendant’s intent while on the property. A third-degree criminal trespass charge can be charged as a petty offense, which carries a maximum penalty of ten days in jail and a fine of up to $100 under Colorado’s criminal reform laws. Alternatively, it can be charged as a Class 2 misdemeanor if it occurred on agricultural land, which carries a potential sentence of up to six months in jail and a fine of up to $750.

Second-degree criminal trespass can be charged as a Class 2 or 1 misdemeanor. A Class 1 misdemeanor carries a potential penalty of up to one year in jail and a fine of up to $1,000.

First-degree criminal trespass is typically a Class 5 felony, carrying a maximum penalty of up to three years in prison and a fine of up to $100,000.

Contact Our Colorado Springs Trespassing Lawyers for Assistance

Given the severe penalties you are at risk of facing, you should schedule a consultation with an experienced criminal defense lawyer. A knowledgeable attorney from Anaya & Chadderdon, P.C. can discuss your situation during a confidential consultation, explain your legal rights, and help you understand the process ahead. Let us build a strong defense on your behalf to safeguard your rights.