First-degree criminal trespass in Aurora, Colorado occurs when someone unlawfully enters another’s residence. Entering or remaining in a person’s home, condo, townhouse, or apartment without authorization can lead to stiff penalties. Additionally, this charge applies if a person unlawfully enters someone’s vehicle intending to commit a crime. Lacking permission to go inside a dwelling is especially risky behavior in Arapahoe County. If you’re facing a charge of trespassing in Aurora, Centennial, or Englewood, exercise your right to remain silent and consult an experienced defense attorney.
What’s 1st Degree Trespassing in Colorado?
Colorado’s first-degree criminal trespass law prohibits unauthorized entry into people’s residences. CRS 18-4-502 provides specific definitions of this offense in Arapahoe County. You commit 1st degree trespassing in Aurora, Centennial, or Littleton if you:
- knowingly and unlawfully,
- enter or remain in the dwelling of another,
- or enter any motor vehicle intending to commit a crime
Having a property owner’s permission or invitation to enter or remain somewhere is crucial in avoiding a first-degree trespassing charge. In terms of vehicle entry, the intent to commit a crime must be formed prior to entry for trespassing in the first-degree to apply. This often occurs in situations where a person breaks into a vehicle to steal something (theft) inside the car, truck, or SUV. Entering the bed of a truck to commit a crime can even be considered 1st degree trespass.
Is First-Degree Criminal Trespass a Felony in Colorado?
While the other degrees of trespassing are usually misdemeanor offenses, 1st degree trespassing is a class 5 felony throughout Colorado. A conviction can lead to:
- a maximum of 3 years in DOC,
- 2 years of parole,
- fines of $1,000 – $100,000
Aurora Trespass Defense Attorney
Defendants with strategic representation from an experienced trespass attorney often achieve a better outcome. Perhaps you had permission to be on the property, you didn’t know you were trespassing, or calling the location a ‘dwelling’ is a stretch. That said, contact our office for a free, confidential consultation with Aurora’s top criminal lawyers. We will carefully analyze your trespassing case, as well as recommend next steps. Our affordable fees and flexible payment plans make obtaining a lawyer possible in these uncertain times.
If you or someone you know is facing a trespassing allegation in Colorado, be smart. Contact the highly-rated criminal defense attorneys at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future.
Photo by Alice Donovan Rouse