When a person is facing a Trespass charge in Denver, Colorado, there are differing degrees of misdemeanors and felonies which can be charged. The degree charged and the possible punishment are determined by a variety of factors listed below. Some of those factors include whether the land was private, a dwelling was involved, or agricultural land was entered. The class of charge for being on someone else’s property ranges from a class 5 felony to a class one petty offense.
Different Types of Trespassing
When someone enters or remains upon the property of another, without permission, the person could be charged with either First Degree Criminal Trespass (C.R.S. 18-4-502), Second Degree Criminal Trespass (C.R.S. 18-4-503), or Third Degree Criminal Trespass (C.R.S. 18-4-504). When land is classified as agricultural land by the county assessor of Adams, Arapahoe, and Douglas County, the punishment for this crime is enhanced. An enhanced punishment also exists for entering someone else’s land intending to commit a felony upon that land while illegally there.
As you can see, with the variety of punishments for charges of criminal trespassing in Denver, Jefferson, and Broomfield County, you need a criminal defense attorney to negotiate a plea bargain with the government or be prepared for trial. The government is required to prove every element of the statutory definition of this crime for you to be convicted at trial. Especially in Trespass cases, we argue and persuade people that at least one of the elements of the State’s case was not met.
Tresspassing + Felony Conduct is Bad
The last factor, and the one most difficult for prosecutors in Weld, Larimer, and El Paso County to prove, is whether the defendant intended to commit a felony while on the premises illegally. In other words, the government has to prove to a jury that you had the forethought to commit a crime that would be considered a felony while you were trespassing upon the property. Most of the time, District Attorneys in Aurora, Denver, and Lakewood will try to do this through circumstantial evidence.
The most important thing to remember about Trespass charges is to hire a criminal defense lawyer who is experienced and knowledgeable about defenses against the government’s prosecution of you. At the O’Malley Law Office, our legal team successfully resolves these cases routinely. So if you or someone you care about is charged with this property crime in Colorado, call us today at 303-731-0719. Together we can protect your future.