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Criminal Trespass Attorney

Criminal Trespass Attorney in Jefferson County

Criminal Trespass in Jefferson County, Colorado is an offense that involves someone unlawfully entering or remaining on another’s property. The degree of trespassing is contingent upon what type of property and the purpose for entering / remaining on the property. A former Denver Broncos’ quarterback recently pleaded guilty to 2nd degree criminal trespass stemming from an incident in late October of 2018. The former QB unlawfully entered an occupied home in the early morning hours after a team party. He then proceeded to have a seat on a couch in the home, while mumbling incoherently. Trespass laws in Colorado are strict and require strong defense from a skilled criminal trespass attorney.

What is criminal trespass in jefferson county, cO?

There are three degrees of Criminal Trespass in Colorado. 1st Degree Criminal Trespass C.R.S. 18-4-502 occurs when someone:

  • knowingly and unlawfully enters or remains in a dwelling of another (such as a home), or
  • enters any motor vehicle with the intent to commit a crime

Because people often occupy these locations, the more serious form of criminal trespass applies. It is important to be aware that even entering an unlocked car with the intent to commit a crime there is considered criminal trespass.

2nd Degree Criminal Trespass C.R.S. 18-4-503 is committed in Lakewood, Colorado when a person:

  • unlawfully enters / remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced,
  • the common areas of a hotel, motel, condo, or apartment building,
  • or the motor vehicle of another

The key difference in 2nd Degree Trespass is that the location need not be someone’s home. Additionally, entering a motor vehicle without the intent to commit a crime applies to 2nd Degree Trespass. Finally, 3rd Degree Criminal Trespass C.R.S. 18-4-504 involves someone unlawfully entering or remaining in or upon the premises of another. Typically, this offense occurs when the property isn’t a dwelling and lacks a physical perimeter. For example, a piece of land or field with a private property sign can apply.

Consequences of Criminal trespass in Jefferson County, CO

The sentencing parameters for a Criminal Trespass conviction range from those of a class 1 petty offense all the way up to a class 5 felony. First Degree Trespass consequences can include 1 – 3 years in the Colorado Department of Corrections and a fine of $1,000 – $100,000. Second Degree Trespass is most often a class 3 misdemeanor in Colorado, potentially resulting in up to 6 months in county jail and a fine of $50 – $750. However, a class 2 misdemeanors applies if the trespass occurred on land classified as agricultural (farm or ranch) by a county assessor. Potential punishments can include 3 – 12 months in county jail and a fine of $250 – $1,000. Finally, Third Degree Trespass is usually a class 1 petty offense which can result in a fine of up to $500 and a maximum of 6 months in county jail.

Jefferson County Criminal Trespass Attorney

In order to sort through the varying degrees of Criminal Trespass in Colorado, it is essential to contact a criminal trespass attorney. The facts in your case matter. Perhaps you had the property owner’s approval to be present on the land or you didn’t know you were entering private property, yet you’re facing charges. Don’t navigate the criminal justice system alone. Contact a capable criminal trespass attorney to achieve your best possible outcome.

If you or someone you know is facing a Criminal Trespass charge, be smart. Contact the highly rated defense attorneys at O’Malley and Sawyer at 303-830-0880. Together, we can protect your future.

Photo Credit: Pexels – Daniel Frese

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