Unlawfully entering or remaining on the premises of another is charged as Trespassing in Denver, Aurora, and Castle Rock. A man was recently charged with this crime after he pushed his way into Dunkin Donuts through the drive thru window. According to the report, the store was closed at the time and the man pushed the drive thru window open, climbed into the store and then just as quickly climbed out. Maybe he just wanted to see if he could do it? He didn't appear to take anything – which would have changed the criminal charge to the much more serious Burglary charge. Even if he had taken a $.50 donut hole, it would have been charged as a felony. However, since the man only went in and quickly turned around and went out, he is facing the Trespassing charge. If this had occurred in Denver, the charge would be Second Degree Criminal Trespass.
Arapahoe County 2nd Degree Trespass Lawyer: Definition of Second Degree Criminal Trespass in Douglas 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.”
A closed door or window would constitute the building being enclosed in a manner to keep people out.
Sentence for 2nd Degree Criminal Trespassing in Adams and Jefferson County
In Jefferson and Adams County, Second Degree Criminal Trespass is a class 3 misdemeanor in most situations. This level misdemeanor is punishable by up to 6 months in the Adams County Jail. However, 2nd Degree Trespassing is a class 2 misdemeanor if the premises are considered agricultural land and it is a class 4 felony if the person enters the agricultural land to commit a felony. For the man above, he would be facing the class 3 misdemeanor, as Dunkin Donuts has nothing to do with agriculture.
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If you or a loved one has been charged with Second Degree Criminal Trespassing, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O'Malley Law Office at 303-830-0880 to schedule a free consultation. Together, we can protect your future.Request a Free Consultation
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