In today's Simplified Law blog, we're going to discuss Third Degree Criminal Trespass charges (C.R.S. 18-4-504) in Adams, Arapahoe, and Denver County. Third Degree Trespassing is not hard to commit. Don't believe me? Let's take a look at the statute and a few examples of how it is charged.

The Lawyer's Definition of Third Degree Trespass

The legal jargon:

Aperson commits person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.” Premises 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.”

The Simplified Definition of Third Degree Trespass

The simplified version:

Aperson commits the crime of third degree criminal trespass is they accidentally or knowingly enter the property of another person, or remains after being asked to leave.” 

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Examples of Third Degree Criminal Trespass Charges

Image Credit: Pixabay – ClkerFreeVectorImages

Wandering Mistake

Greg and Heidi love to hike. In fact, they got engaged while hiking. They love to explore new places, and Colorado is the best place to enjoy their preferred pastime. Their favorite thing to do is to travel to a remote area and go off the trail, exploring where the normal traveler doesn't usually venture. One day, they head to Pitkin County to hike. They go off the trail, enjoying the beauty of nature and keeping an eye out for birds and other wildlife. Suddenly, they come across a man. He is angry because they are on his property. He is frustrated by hikers who ignore his “no trespassing” signs. They said they didn't see any signs, but he tells them they are posted and shows them where they are. Unfortunately, Greg and Heidi walked right past them. They apologize profusely, but the landowner decides to press charges. Now they face Third Degree Criminal Trespass charges.

Image Credit: Pixabay – OpenClipartVectors

Neighborly Feud

Lisa has lived on her family's ranch for over 40 years. Her grandfather homesteaded the land in Larimer County, and she grew up ranching. When her father unexpectedly passed away, she inherited the ranch and all 150 acres. About 10 years ago, a new owner purchased the land directly across from hers. Immediately, Lisa sees there are going to be issues. Her new neighbors are constantly complaining about small things, and they seem extremely antagonistic. Despite her best efforts, their relationship goes downhill quickly. One day, the police arrive at Lisa's home and tell her she is facing felony Third Degree Trespassing charges. Her neighbors said she trespassed on their agriculture land, and they want to press charges. Lisa swears she didn't trespass – the boundary lines are clearly marked. But, no evidence is needed to press charges, so Lisa prepares to go to court.

Don't plead guilty to avoid jail time and end up with a criminal record. Work with an attorney who will fight to protect your future.

What is the Sentence for Third Degree Trespass?

The sentence for Third Degree Criminal Trespass varies, depends on the circumstances of the crime. In most situations, it is charged as a class 1 petty offense.  But, if agricultural land is trespassed on, the person will be charged with a class 3 misdemeanor, which carries a possible jail sentence of up to 6 months. If the agricultural land was trespassed on with the intent to commit a felony, it is charged as a class 5 felony, which carries a possible prison sentence of up to 5 years.

Why You Need a Lawyer for Trespassing Charges

If you are facing Third Degree Criminal Trespass Charges, you need to work with a knowledgeable criminal defense lawyer. It's not difficult to be charged with this offense; as you can see, simply wandering onto someone else's property can result in criminal charges. Many people think that pleading guilty will clear the matter up quickly, but it will result in a conviction on your record. This can be devastating when you are looking for a job or a place to live. If you are facing trespassing charges, take them seriously. Contact a skilled attorney who will fight to ensure you have a clear future. Here at the O'Malley Law Office, we fight to win.

Get Help Now

If you or a loved one has received a summons or complaint for Third Degree Trespassing charges, contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880. If you or a friend needs a jail visit from an attorney, we can do that. Together, we will protect your future.Request a Free Consultation