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Denver Second Degree Trespassing Lawyer | Refusal to Leave Elementary School

Posted by Terry O'Malley | Oct 05, 2017 | 0 Comments

Illegally entering or remaining on the property of another will often result in Trespassing charges in Denver and Douglas County. Recently, an elementary school teacher was charged with Criminal Trespass after refusing to leave the school he was scheduled to work in. According to the news, the substitute teacher had been accused of texting and watching movies while he was supposed to be teaching, so when he arrived at the school, he was told he could not work in the district anymore and was asked to leave. The sub refused to leave the premises and law enforcement was called. The man was arrested and charged with Second Degree Criminal Trespass.

Facing Second Degree Trespassing charges?

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Douglas County Second Degree Trespassing Attorney: Definition of 2nd Degree Criminal Trespass in Arapaho County

The Douglas and Arapahoe County, Colorado law definition of Second Degree Criminal Trespass – C.R.S. 18-4-503 – is:

“(1) 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.”

An important definition for understanding this statute is ‘premises' which means:

“real property, buildings, and other improvements thereon, and the stream banks and beds of any nonnavigable fresh water streams flowing through such real property”

Based on the information above, and the fact that the school grounds would be considered another's premises, the substitute teacher would be charged under part (a).

Sentence for 2nd Degree Criminal Trespassing in Jefferson and Adams County

As a class 3 misdemeanor in Adams and Jefferson County, Second Degree Criminal Trespassing is punishable by up to 6 months in the Adams County Jail and $750 in fines. Unfortunately for the teacher, he not only lost his job that day, but also could be facing a permanent mar on his criminal record.

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If you or a loved one has been charged with Criminal Trespassing, be smart, exercise your right to remain silent, and contact the best Trespass attorneys from the O'Malley Law Office at 303-830-0880 today. Together, we can protect your future.Request a Free Consultation

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Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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