One quiet night before Halloween, a teenager girl and her brother are home alone. The boy leaves the room, heading to the kitchen for a snack. Suddenly, a bloodcurdling scream rends the air: “Run!” The girl hears her sister bolt for the door, and her eyes shift to the kitchen. Her heart stops. Standing in front of her, swaying menacingly is a zombie: a zombie with the remnants of a Santa suit clinging to his decaying flesh. Terror grips her soul, and she stands rooted to the spot. Her brother's call to run suddenly floats into her memory – but the creature is blocking her path! Panicking, she turns to the only haven of safety left – the bathroom only a few feet away. Her heart pounding, the girl runs to the room, slams the door, and turns the key. She is safe – for the moment.

Charged with Trespassing?

Santa Claus Zombie Trespasser

Sometimes, you come across stories like the one above. These are the kinds of stories whispered eerily around the campfire. The macabre, pulp-fiction rumors gossiped about at summer camp. But, this one is real. This incident actually took place in Minnesota. The girl did find a Santa zombie roaming around her house. Her brother did escape. She did lock herself in the bathroom. But, this particular zombie wasn't one of the undead – instead, he was a drunken partier who had wandered away from a zombie beer crawl a few blocks away.

Charged with Trespassing for Entering the Wrong Home

One man trespassed only to steal a child's shoe.

Believe it or not, people are charged with Trespassing in similar situations in Denver, Arapahoe, and Jefferson County. Most of them aren't dressed as Santa zombie, but many of them are just as drunk. In fact, in a Larimer County case, a man went into the wrong house after drinking too much, and stole a child's shoe. Because of the nature of the law, the man was charged with the more serious crime of Burglary – C.R.S. 18-4-202. In most cases like this, however, drunk people entering homes have no intention of committing a crime (unlike a burglar). So, they are charged with First Degree Criminal Trespass – C.R.S. 18-4-502.

Charged with Trespassing? Why You Need a Lawyer

Most people who accidentally go into the wrong house when they're drunk don't remember what happened (the zombie Santa didn't have any recollections of his terrorizing night). Unfortunately, this doesn't matter when it comes to the sentence. First Degree Criminal Trespass is a class 5 felony in Adams, El Paso, and Douglas County. It carries a possible prison sentence of up to 3 years. The severity of this offense doesn't match the intent in situations such as this – the Most people who wander drunkenly into the wrong home don't remember the event. Unfortunately, this doesn't matter in court.zombie Santa didn't intend to hurt anyone (despite his appearance). He most likely just wanted to take a nap. But, now he is facing serious criminal charges. If you have been charged with Trespassing in a similar situation, you need the expertise of a skilled criminal defense attorney on your side. Don't stand alone in court – work with a lawyer who has the understanding of the law to defend you and protect your future.  The drunken zombie Santa would do well to have an attorney – the two teenagers in Minnesota will never “think of Santa the same way.”

never think of Santa in the same way.

Get Help Now

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

Image Credit: Pixabay – OpenClipartVectors, Pixabay – ClkerFreeVectorImages