While it might seem like harmless fun, trespassing onto someone else’s property can yield serious consequences in Ohio. Depending on the circumstances of the crime, a person accused of criminal trespass could face upwards to a felony. That means time in prison and steep fines that could drain your pockets. If you have been charged with criminal trespass, we urge you to get in contact with an experienced defense lawyer.
An attorney can assess your case and determine what the best possible defense route is. They can undermine incriminating evidence, write effective persuasive motions, and call the right witnesses to the stand to support their argument. Don’t wait another moment to start building a defense that could save you from prison. If you or someone you know has been charged with criminal trespass, it’s important you seek trusted legal representation.
Colorado Springs Attorney for Trespassing in CO
Your intentions while trespassing may have been harmless, but that won’t stop the state of Colorado from prosecuting you to the fullest extent of the law. If you or someone you know has been charged with trespassing, it’s crucial you seek an experienced property crimes lawyer who has extensive case law practice with trespassing crimes.
The attorneys at Law Offices of Clifton Black, PC have collectively decades of knowledge they can utilize for your case. They have a special focus on criminal defense cases and have represented numerous people accused of property crimes such as criminal mischief or criminal trespassing. Their in-depth knowledge for property laws and the Colorado Criminal Code will give you the edge you need in the courtroom to reduce or dismiss your charges.
Get in contact with the attorneys at Law Offices of Clifton Black, PC by calling (719) 328-1616. From there, we will schedule your first consultation to discuss the details of your case. Law Offices of Clifton Black, PC accepts clients throughout the greater El Paso County and Colorado Springs area including Peyton, Manitou Springs, Ramah, Calhan, Falcon, Monument and Black Forest.
Overview of Criminal Trespass Laws in CO:
- What Are the Penalties for Criminal Trespass in Colorado?
- What Are the Penalties for Second or Third-Degree Criminal Trespass?
- Additional Resources
What Are the Penalties for Criminal Trespass in Colorado?
Before going into the penalties, it’s important to understand the definition of “premises” in context to criminal trespass. The term premises under the Colorado Revised Statutes (C.R.S) Section 18-4-504.5 define premises as any property, building and other improvements thereon, as well as the steam banks and beds of any non-navigable freshwater streams flowing through such real property. That means that simply fishing on another person’s property could lead to criminal charges.
The penalties for criminal trespass rely on where the crime was committed and the circumstances of the case. The court will consider you guilty of third-degree criminal trespass if you unlawfully enter or remain in or upon the premises belonging to another person. A conviction for third-degree criminal trespass could result in a class 1 petty offense, which can result in up to 6 months in jail and a fine of no more than $500.
However, the crime could be reclassified to a class 3 misdemeanor if the premises has been classified by the county assessor for the county in which the land is situated as agricultural land. If you’re charged with a class 3 misdemeanor, you will instead face the following penalties:
- Up to 6 months in jail; and
- A fine of up to $750
If you trespassed on agricultural land with the intent to commit a felony, then your charges will be reclassified to a class 5 felony. The maximum sentence you can receive for a class 5 felony includes the following:
- Up 3 years in prison; and
- A fine of up to $750,000
What Are the Penalties for Second or Third-Degree Criminal Trespass?
The penalties for criminal trespass could be enhanced if certain facts are proven true at trial. The Colorado Revised Statutes state you’re guilty of second-degree criminal trespass if you did any of the following:
- Unlawfully entered or remained on another person’s premises which were enclosed in a manner to exclude any intruders such as a fence;
- Intentionally and unlawfully enter or remain in the common areas of a hotel, motel, condominium, or apartment building; or
- Knowingly and illegally enters or remains in another person’s vehicle
Without aggravating factors, second-degree criminal trespass is a class 3 misdemeanor. The maximum punishment a person can receive for a class 3 misdemeanor includes:
- Up to 6 months in jail; and
- And a fine of up to $750
The crime will instead be charged as a class 2 misdemeanor if it’s proven in court that the land trespassed was agricultural. The maximum sentence a person can receive for a class 2 misdemeanor includes:
- Up to 364 days in jail; and
- A fine of up to $1,000
If your intention while trespassing was to commit a felony on agricultural land, then you’ll instead face a class 4 felony. The penalties for a class 4 felony include:
- Up to 6 years in prison; and
- A fine of up to $500,000
First-degree criminal trespass is the highest charge a person can receive for entering another’s premises without their permission. Colorado law states a person can be charged with first-degree criminal trespass if they knowingly or unlawfully enter or remains in the dwelling of another person or if they enter a motor vehicle with the intention to commit a crime.
First-degree criminal trespass is a class 5 felony which can result in:
- Up to 3 years in prison; and
- A fine of up to $100,000
Criminal Trespass Laws in Colorado – Visit the official website for the Colorado Revised Statutes (C.R.S.) to learn more about their trespassing laws. Access the site to learn the elements of the crime, possible penalties upon conviction, aggravating factors and other relevant information.
Trespassing Defense Attorney in Colorado Springs, CO
Have you recently been arrested for trespassing? If so, we urge you to get in contact with the attorneys at Law Offices of Clifton Black, PC. Our criminal defense lawyers have years of practice under their belt building creative, effective and aggressive defenses for their clients. We want to provide the best legal service and representation possible and will work tirelessly to complete this goal. With Law Offices of Clifton Black, PC, you can rest assured an attorney is always working diligently on your case, so it’s reduced or dismissed altogether.
To get in contact with the attorneys at Law Offices of Clifton Black, PC, simply call (719) 328-1616 to set up your first consultation. Law Offices of Clifton Black, PC accepts clients throughout the greater El Paso County area and other neighboring counties including Fremont County, Elbert County, Crowley County, Lincoln County, Pueblo County, and Douglas County.