Photo Of Kyle B. Sawyer
Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Is Trespass too Easy to Charge?

On Behalf of | Jan 20, 2014 | Trespass |

Did you know that little or no evidence is required to get charged with Trespassing or Trespass in Colorado? This is another of those charges where an angered ex or a nasty neighbor can call police and charge you with either a felony or misdemeanor on their word alone.

No Physical Evidence?  No Problem

I like the certainty which comes from cases supported by physical evidence. If someone is going to have the rest of their life impacted by charges of Trespass / Trespassing in Jefferson County or Arapahoe County, at least let’s take away the guess work. Unfortunately, women regularly use this charge, along with Harassment and Sexual Assault, to punish a guy for breaking up with them. Police officers are all too happy to make and arrest and charge a guy (particularly when their “rescue” hormones kick in while talking to a cute woman). DAs are inclined to want to support an officer’s charging decision. After all, you don’t want to bite the hand that feeds you and police feed DAs nearly every case they have.

Different Types of Trespassing in Colorado

Whether it is First Degree Criminal Trespass, C.R.S. 18-4-502 in Douglas County, Second Degree Criminal Trespass in Mineral County, C.R.S. 18-4-503, or Third Degree Criminal Trespass in Archuleta County, C.R.S. 18-4-504, no physical proof is needed. Only the allegation is needed that someone went into, or onto, the property of another without permission. As you might expect, coming into a dwelling of another for any reason or into a motor-vehicle to commit a crime (like theft), supports the most serious First Degree version of this offense, which is a felony in Adams or Denver County. Second Degree is charged when someone comes into a fenced area or the common areas of a motel or apartment / condo. Second Degree is generally a misdemeanor. Third Degree is the catch all for other property, and can be a petty offense or misdemeanor. If agricultural land is involved this charge can increase to a felony.

Our chances of getting a case dismissed greatly increase when you don’t speak to police. We can creatively examine police reports and witness statements – and offer credible alternatives to the government or a jury. Don’t think you can talk police out of filing Trespassing charges. This rarely occurs. So if police or detectives call, be smart, exercise your right to remain silent, and call us at 303-731-0719. Together, we can protect your future.