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Trespass Lawyer in Boulder | 2nd Degree Trespassing

Posted by Kyle B. Sawyer | Jun 23, 2021 | 0 Comments

Trespass Lawyer

Entering or remaining somewhere unlawfully can lead to a trespassing charge in Boulder, Longmont, or Broomfield. Whether you're accused of jumping a fence, hanging around hotel common areas, or going in another's car, trespass comes with some impactful punishments. Allegations can even follow after someone refuses to leave or hides after entering a location lawfully or with permission. 2nd degree trespassing specifically applies to fenced / enclosed areas, vehicles, and common spaces of hotels, condos, and apartments. If you or someone you know has been contacted by police about trespassing, contact an experienced trespass lawyer as soon as possible.

Boulder County Second-Degree Trespass Law

Boulder County's trespass laws prohibit entering or remaining in specific locations unlawfully. CRS 18-4-503 addresses the elements of second-degree trespassing throughout Colorado. Law enforcement in Boulder, Westminster, or Longmont will pursue charges if they believe you:

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

Crossing fences and barriers meant to deter intruders are often involved in this specific level of criminal trespass. However, with all parts of a vehicle applying as well, backseats, trunks, truck beds, boats, and even motorcycles can be problematic. If the intent in trespassing in someone's vehicle involves another crime such as theft or criminal mischief, the charge elevates to 1st degree trespass.

How Bad is a 2nd Degree Trespass Charge in Boulder?

Each criminal trespass case in Boulder is different. Punishment won't always look the same. Second-degree trespass is at minimum a class 3 misdemeanor, potentially leading to:

  • a county jail sentence of up to 180 days,
  • fines of $50 - $750,
  • a revoked driver's license (if the trespass involved a vehicle)

If the trespass occurs on a ranch or farm (agricultural land), the crime increases to a class 2 misdemeanor. This can double the jail time and add to the fine amounts. Additionally, intending to commit a felony while trespassing on agricultural land is itself a class 4 felony. Defendants in these cases face 2 - 6 years in the Colorado Department of Corrections and fines of $2K - $500K.

Boulder's Leading Criminal Defense Attorney

When it comes to allegations of unlawfully entering or remaining somewhere, skilled representation is a must. Contacting a strategic trespass lawyer early on has many benefits and often leads to a better outcome for defendants. Maybe you had permission to be where you were, you didn't know you were trespassing, or there are other holes in the prosecutor's case. Nonetheless, contact our office for a free, confidential consultation. Our determined defense attorneys will carefully evaluate your unique situation, as well as recommend next steps in your defense. Our affordable fees and flexible payment plans make hiring a private defense attorney a reality for defendants in Westminster, Broomfield, and Boulder County.

Talk to us about trespassing allegations - not the police. 303-830-0880

Photo by Simon Maage

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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