What Qualifies as Trespassing in Colorado?
In Colorado, you can be charged with criminal trespass if you unlawfully enter or remain on another person’s property. The charges can vary based on the severity of the crime and the circumstances around it. Denver criminal defense lawyers highlight three levels of trespassing charges:
- First-degree trespassing: It is the most severe level of trespassing associated with knowingly and unlawfully entering or remaining in another person’s residence or car with the intent to commit a crime.
- Second-degree trespassing: A second-degree trespass charge is when a person unlawfully enters or remains on another person’s enclosed premises, vehicle, or shared areas of a hotel, apartment building, condominium, or motel.
- Third-degree trespassing: It is the least severe charge that happens when a person unlawfully enters or remains on another person’s premises that is not a dwelling, fenced, or enclosed.
Facing criminal trespassing charges can be scary, given that the penalties can be severe. It can get complex if you don’t understand the legal nuances associated with the charges. Skilled Denver trespassing attorneys can help you develop a practical defense strategy to protect your rights and future.
What Are the Penalties of Trespassing?
The penalties for a criminal trespass conviction vary depending on the degree of the charges:
First-Degree Trespass Penalties
A first-degree criminal trespass is often charged as a Class 1 misdemeanor, and a conviction attracts the following legal consequences:
- Up to 364 days in jail and up to 18 months in prison if the crime happened in an occupied dwelling, which is a Class 6 felony
- Up to $1,000 in fines
- A combination of both penalties
Second-Degree Trespass Penalties
The offense can be a misdemeanor or felony, based on the case specifics. A conviction for trespassing in a vehicle is punishable by:
- Up to 120 days in jail
- Up to $750 in fines
Trespassing lawyers in Denver say the penalties are steeper for more complex second-degree trespassing charges. For example, trespassing on agricultural land intending to commit a felony is a Class 4 felony punishable by a longer jail term and heftier fines.
Third-Degree Trespass Penalties
Third-degree trespass is a petty offense for which a conviction is punishable by:
- Up to 10 days in jail
- A fine of up to $300
The court could impose jail time and a fine simultaneously, depending on the severity of the charges. Consult with experienced Denver trespassing attorneys for legal guidance on how to have the charges dropped or penalties reduced.
What Are the Possible Defenses Against Trespassing?
Defending yourself against trespassing charges in Colorado can be challenging but not impossible. With the help of your Denver trespassing lawyers, you can evaluate various defense strategies that may be available to you. They can either justify your presence on the said property or challenge the prosecutor’s claims to have the charges dropped:
No Notice
You could argue that there was no notice on the premises notifying you that your presence was unauthorized. Such warnings can come from signs like “no trespassing,” fencing, or other ways people approach property boundaries. Your lawyers can help you prove that you had a reasonable belief that you were unaware you were trespassing to have the charges dropped.
Property Owner’s Permission
If you can prove that you had permission from the property owner or their agent to be on the property, you may have a strong defense against the charges. However, this defense could be marked with challenges if the prosecutor argues that whoever gave you permission lacked authority over the property or withdrew it after initially granting it.
Ownership or Right to the Property
Another possible defense strategy would be to argue that you had property ownership rights and were not trespassing. You could be a partial owner or have been given an easement, which is a right to be on the property. The defense can work in your favor if you provide evidence such as contracts, deeds, or other legal documents.
Implied Consent
In your defense against trespassing charges, you can argue that you had a reasonable belief that you had permission to be on the said property. This could be because you had previously been on the property or because it is a place that usually welcomes people, such as a business that just changed its hours.
Intoxication
You could have a solid defense if you can prove that involuntary intoxication was the reason you were on the said property. However, the defense isn’t applicable if you got intoxicated of your own will. The law doesn’t excuse offenses committed while intoxicated.
Public Necessity
You may argue that you trespassed the property for public good. For example, you may have broken into the building to fight a fire, which is considered a public necessity. Trespassing to help the community or save people from danger could be considered a valid defense. Ensure you have strong evidence to prove your case.
Public Property
Trespassing charges against you could be dropped if you can prove that the property or premises are usually open to the public. Let skilled trespassing lawyers in Denver help you beat the arguments the prosecution may raise against you, such as the property not being open to the public at the time of the alleged trespassing or that you had been banned from the property.
A Skilled Criminal Defense Lawyer Defending You Against Trespassing Charges
Trespassing charges can be complex and require an evaluation of multiple factors, which can be daunting for you. The prosecution must demonstrate all the elements of the charges beyond a reasonable doubt. On your part, you must defend yourself aggressively to cast doubt on the claims and protect yourself from the potential legal consequences.
Skilled Denver criminal defense attorneys from Daniel M. Murphy Law Firm can work with you to beat the charges. Remember, trespassing charges can have other associated charges like theft or burglary, further complicating your case. You can’t afford to be casual about the situation but must fight aggressively to protect your future from an informed legal standing. Call us at 303-395-5293 for case assessment.
