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Second-Degree Criminal Trespassing | Colorado Springs Criminal Defense

Posted by Kyle B. Sawyer | Sep 30, 2021 | 0 Comments

Second-Degree Criminal Trespassing

Second-degree criminal trespassing in Colorado Springs, Monument, and Fountain involves unlawfully entering or remaining in specific locations. Typically, this charge results when the property is enclosed in some way to deter intruders. Earlier this week, a woman in Colorado was arrested for 2nd degree trespassing after allegedly removing a package from the porch of a man's former home who is facing several serious charges in a highly publicized criminal case. If you or someone you know is being accused of trespassing in El Paso, Douglas, or Elbert County, don't talk to the police. Instead, contact a skilled defense attorney to discuss the allegations.

Colorado Springs 2nd Degree Trespass Law

El Paso County's 2nd degree trespass law prohibits entering or remaining unlawfully in certain areas. CRS 18-4-503 defines second-degree criminal trespassing throughout the state of Colorado. Police will pursue charges if they believe you:

  • knowingly and unlawfully entered or remained in or upon,
  • the premises of another which are enclosed,
  • the common areas of a hotel, motel, condo, or apartment building,
  • or in another's motor vehicle

This could apply to crossing over or through someone's fence, hanging out in a hotel when you aren't a guest there, or going in someone's car without permission. Second-degree trespass doesn't have to involve entering an actual structure if the property is enclosed in some way.

How Bad is Trespassing in Colorado Springs?

Second-degree criminal trespass is most often a class 3 misdemeanor. A conviction can lead to:

  • a county jail sentence of up to 6 months,
  • fines of $50 - $750

However, if you're accused of trespassing on a farm or ranch (agricultural lands) the charge elevates to a class 2 misdemeanor. This can double the county jail sentence and add to the fine amount. In cases that involve entering or remaining in a vehicle, the Colorado DMV revokes your driver's license for up to a year.

Colorado Springs Trespassing Lawyer

There are defenses to trespassing that may apply to your situation. Just because you've been charged in El Paso or Teller County doesn't mean you're guilty. Perhaps you didn't know you were trespassing, you had permission to enter or remain, or there are other holes in the case against you. Nonetheless, contact our office for a free, confidential consultation. Our experienced trespassing attorneys will thoroughly analyze your case, answer your questions, and recommend next steps.

Don't talk to police about trespass charges - talk to us. 303-830-0880

Photo by RODNAE Productions

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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