What is Second Degree Criminal Trespass?
There are three main types of Trespass charges in Colorado:
The classification a person is charged with depends on the circumstances of the offense. Today, we'll discuss Second Degree Criminal Trespass. A person is normally charged in Denver, Jefferson, and Douglas County with this offense when he or she allegedly does any of the following:
2nd Degree Trespassing is commonly charged after arguments, when people refuse to leave a home, or when alcohol is involved.
Examples of Second Degree Trespass:
Intrudes into a closed-in space such as a backyard, shed, etc. on someone's property without permission.
An ex-husband wants a toolset he left in the shed after his divorce in Boulder County. His ex-wife isn't home, he feels like it would be okay to retrieve the item anyway. Besides, he doesn't really want to run into her. He uses an old key he had to unlawfully enter the shed behind the home he used to own. Unexpectedly, his ex-wife arrives home and sees him in the backyard. She calls the police, and he is arrested.
Enters or remains in a motor vehicle in Gilpin County or anywhere in Colorado without the owner's consent.
Denver has had a week of record-breaking cold weather. A homeless man is seeking shelter from the bitter cold. He comes across an unlocked car downtown. Seeking warmth, and seeing the driver is nowhere to be seen, he climbs in for a moment to get warm. The owner of the car returns and is shocked to see someone he doesn't know in his car. He dials 911, and the police arrive at the scene and arrest the homeless man.
Refuses to leave the premises of a building in El Paso County or throughout Colorado when asked.
An embittered employee returns to his former workplace. He is upset and looking for answers as to why he was let go in such a difficult time for his family. Other employees of the company are alarmed, so they call security. They arrive and ask the former employee to leave, but the man refuses until he gets answers from the owners. Security then escorts the man outside and calls the police; the man is arrested.
Sets foot upon the common areas of an apartment, condo, town home, or hotel and refuses to leave when asked.
Some college students have been drinking and doing a little partying at a hotel downtown. It is time for them to go home; but instead of getting into their vehicles and leaving, the party continues in the hotel lobby. Because of the alcohol, they are loud and disturbing other guests. They are asked to leave by the hotel clerk, but they ignore the clerk and continue with their partying. The police are called, and the partiers are arrested.
A criminal record could put your current job or future job opportunities in jeopardy.
What is the Sentence for 2nd Degree Criminal Trespassing?
If a man or woman is charged with Second Degree Criminal Trespassing in Arapahoe or Adams County and found guilty, it is considered either a Class 2 or 3 misdemeanor and can result in a jail sentence in a county jail of up to one year. You may also be required to pay a fine of up to $1,000. There is much at stake if you have been contacted by the police regarding 2nd Degree Trespassing charges. You need the expertise of a knowledgeable criminal defense lawyer who has defended people charged with this offense and successfully defended them in the courtroom.
O'Malley & Sawyer, LLC: Helping Clients Charged with Trespass
The attorneys at our office have 40 years of combined courtroom experience and have successfully defended clients who have been overcharged or falsely accused of Second Degree Criminal Trespass. Often, alcohol is involved in the case, and is the reason people were stubborn to leave a residence, or mistakenly enter private property. And sometimes, people are hurt or embittered over failed relationships and make a bad decision. We are concerned about you, and will work hard to give you the best defense possible. After all, your future is involved. Having a criminal record affects a person's life. Your current / future job could be in jeopardy. Employers look at criminal records and instead of seeing a person who was falsely accused or who has learned from his or her mistakes, they see a criminal. Don't let that happen to you. Act quickly and contact an affordable attorney at O'Malley and Sawyer, LLC who will fight to win.
Colorado Second Degree Criminal Trespass Statute: 18-4-503
“A person commits the crime of second degree criminal trespass if such person:
(a) 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
(b) Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or
(c) Knowingly and unlawfully enters or remains in a motor vehicle of another.”