In this week's installment of Simplified Law, we'll discuss Trespassing charges in Adams, Douglas, and Denver County. Trespassing is a unique crime – it is similar to Burglary, but with a few minor differences. Let's take a closer look at this crime to better understand what a person will face if they are charged. For this blog, we'll use Second Degree Trespass – C.R.S. 18-4-503, as our example.
The Lawyer's Definition of Trespassing
The legal jargon:“Aperson 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.”
Facing Trespassing Charges?Get Help Now!
The Simplified Definition of Trespassing
The simplified version:“Aperson will be charged with Trespass if they enter a fenced area without permission, or knowingly enter and unlawfully stay in an apartment , common area, or car.”
Examples of Trespassing Charges
Hiking & Exploring
Tess and her friend Jake where out on a hike. It was a beautiful, blue-bird sky day in Colorado, and they felt extra adventurous. They came across a fence during their hike and without thinking about it, hopped over and continued their journey. Unbeknownst to them, they had crossed into private property. They are now facing Trespassing charges, and could spend time in jail.
Kevin and his girlfriend haven't been getting along. They fight constantly. One day, they decide to go out to try to work out their relationship. This plan backfires, and on the way back home, they get into another fight. Kevin's girlfriend drives to the side of the road and orders him out of the car. He refuses. Because he stayed unlawfully in the car, he is now facing Trespassing charges.
What is the Sentence for a Trespass Conviction?
The sentence for Second Degree Criminal Trespass varies, depending on the circumstances of the offense. If the land which was trespassed is designated as agricultural land, it is a class 2 misdemeanor, or in some cases, a class 4 felony. In most situations, however, Second Degree Trespass is a class 3 misdemeanor, which carries a sentence of up to 6 months in a county jail.
Trespassing Charges: Why You Need the Best Lawyer
If you have been contacted by the police regarding Trespassing charges in Arapahoe, Jefferson, and El Paso County, you need to contact an experienced criminal defense attorney immediately. Even a misdemeanor Work with a lawyer who fights to win.on your record can have a negative effect on your life. Also, Trespassing is similar to Burglary (which is charged whenever a person unlawfully enters an area with the intent to commit a crime) – you don't want the police to overcharge you with this offense. Don't plead guilty to avoid jail time – work with a lawyer who fights to win.
Get Help Now
If you or a loved one has been charged with Trespassing, be smart, exercise your right to remain silent, and contact one of the best criminal defense attorneys at the O'Malley Law Office for a free consultation at303-830-0880. Together, we will protect your future.Request a Free Consultation
Image courtesy of winnond / FreeDigitalPhotos.net
Image courtesy of Arvind Balaraman / FreeDigitalPhotos.net
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