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Who’s Stuck in the Chimney? Trespass Charges in Denver

Posted by Terry O'Malley | Nov 24, 2014 | 0 Comments

When you hear of a person stuck in a chimney, your mind instantly thinks of a man in a red and white suit. Santa Claus is generally thought to be the only individual who views chimneys as an entrance into the home. But, I came across a news article the other day which told the story of a desperate ex-girlfriend who thought up an imaginative way to get inside her boyfriend's apartment. If this story had happened in Denver, Arapahoe, or Jefferson County, she would be facing Trespass charges.

Facing Trespass Charges?

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Trespass Charges for Sneaking in the Chimney

According to the news, the police received a phone call from a man who said that a woman was stuck in his chimney, and had been for about 2 hours. Crews arrived, and had to dismantle the chimney in order to rescue the woman. Her reason for entering the home through the chimney was “unclear.” In Adams, El Paso, and Douglas County, she could be charged with either Burglary or Trespassing. Burglary is charged whenever a person illegally enters a building or home with the intent to commit a crime. The woman most likely would face felony Trespass charges because the reason she was entering the home is unclear.

The woman was stuck in the chimney for about 2 hours.

It's Easy to be Charged with Trespassing in Denver

Trespassing charges don't have to be the result of a dramatic entrance down an ex-boyfriend's chimney. In fact, you could be charged with Criminal Trespass for trying to work out a relationship and not leaving someone's home after a fight. Let's say a young man goes over to his girlfriend's home. The young man has an argument with the girl's father, who orders him to leave. The boy refuses, saying he wants to work things out with his girlfriend. The father could call the police, and the young man would be charged with felony Criminal Trespass for refusing to leave the premises.

Trespassing and Domestic Violence Can be Charged Together

Believe it or not, Domestic Violence is often charged along with misdemeanor Trespass charges. That's because Domestic Violence isn't a crime in and of itself. Instead, it is a sentence-enhancer which is added to any crime which is committed between two people who are in, or have been in an intimate relationship. To make the crime even broader, the definition of “intimate relationship” is vague. An intimate relationship is no longer defined as a sexual relationship. So, in the case of the chimney trespasser, the DV sentence enhancer would be added to the Trespassing charges, because she was unlawfully entering the home of someone she had been on a few dates with.

Why You Need a Lawyer for Trespass Charges

Don't let a misunderstanding or bad decision determine your future.It's not difficult to be charged with Trespassing. The woman shimmying down the chimney and getting stuck is an extreme example. We have defended many good people who were unwittingly charged with Trespassing after a misunderstanding, or for going into a home to retrieve their own property after a breakup. Don't let a misunderstanding or a bad decision determine your future. An outstanding criminal defense lawyer is an important asset to your case. Let us help you fight the charges against you and protect your future. Here at the O'Malley Law Office, we fight to win!

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If you or a loved one is facing felony or misdemeanor Trespassing charges, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office at 303-830-0880 for a free consultation. Together, we can protect your future.Request a Free Consultation

Image Credit: Pixabay – Antranias

About the Author

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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