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Trespassing in Car & Loss of Colorado Driver's License

A Colorado Trespass charge comes in many flavors, from First Degree Trespassing, to Second Degree Trespassing, and Third Degree Trespassing. These crimes can be a felony or misdemeanor. They differ depending on where a person trespasses in Jefferson, Denver and Arapahoe County. Most interesting, however, is that one of them can result in the loss of your Colorado driver's license!

If you are charged with a First Degree Trespassing for entering a motor vehicle with the intent to commit a crime in the car or truck, you can be convicted of a class five felony. A Second Degree Trespass involves entry or unlawfully remaining in a motor vehicle of another, without the element of intent to commit a crime. And, this crime is a class three misdemeanor. Most importantly, however, this lesser Second Degree crime results in the loss of the actor's driver's license as provided in C.R.S. 42-2-125. It is a much less serious crime (class 3 misdemeanor), yet the punishment can be more severe with the loss of a person's privilege to drive in Colorado.

This statute needs a tune-up. The Second Degree version of trespass does not involve committing a crime in the car like theft of a stereo or the contents of the car, so why should someone lose their driver's license for simply going into the car or staying unlawfully? I can understand why our legislature would want to take the license of someone in Douglas, Adams or Larimer County for breaking into a car or truck and stealing, but just going inside? This disparity in punishment is made even worse when you consider that First Degree Trespassing , a felony, does not result in the loss of a driver's license.

Crazy things like this often occur in Colorado. Fortunately, our lawyers are experienced in handling both felony and misdemeanor trespass cases in Alamosa, Las Animas and Huerfano County. We have relationships with many District Attorneys who are good people and will do the right thing. But, there are legal procedures which must be followed to ensure that your criminal charges can be sealed, reduced or dismissed. Don't take chances with a part-time criminal lawyer.

Our full-time criminal defense attorneys practice all over Colorado. We don't practice criminal law and other specialties. Only criminal defense. If you've been contacted by police or have a warrant for your arrest, be smart, exercise your right to remain silent, and call us for a free consultation at 303-731-0719. Together, we can protect your future.

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