First Degree Criminal Trespassing, C.R.S. 18-4-502, is a class 5 felony in Denver or Douglas County. It is different from other trespassing charges based on entry into a residential structure, where lawmakers want to give special property status compared to nonresidence buildings like businesses.
When I was a child I remember reciting the Lord’s Prayer in church, containing the words “forgive us our trespasses as we forgive those who trespass against us.” So whenever I would see a no trespassing sign on private property, I always thought people would forgive me. As a long time criminal defense attorney, I can assure you if you are convicted of First Degree Criminal Trespassing in Weld or Adams County, there will be no forgiveness from the State of Colorado.
Jim was a 23 years old recent college graduate who just landed a job with an aerospace corporation in Jefferson County. He was anxious to impress a girl he met through an online dating service with his wild man attitude. Jim was a good guy, but sometimes he crossed the line by doing crazy things to get attention or impress people. He was obnoxious, but would never intentionally hurt anyone.
While hiking on a trail with his date, Jim hopped a fence and ran toward an old cabin. He pulled the stick out of a latch and went inside. The cabin was not abandoned, but nobody was home. So wild man Jim decided to lie on the couch and wait for his date to come looking for him.
When the door swung open Jim blurted out “welcome home honey!” The blood drained from Jim’s face when he noticed a Jefferson County Sheriff Deputy pointing a shotgun and ordering him to the floor.
Jim was a less wild after his experience and wanted to get things behind him as quickly as possible. So he decided to take an offer made by a persistent Deputy District Attorney. She wasn’t willing to reduce the charge of First Degree Criminal Trespassing, but promised Jim he would not have to go to jail. Jim took the deal.
The next day Jim realized how unforgiving people would be. He was fired from his job and given a 30 day notice to leave his apartment. His employer and landlord had a no tolerance policy for felons.
If you are arrested for Trespassing there may be defenses available to you. It is worth your time to talk with the Defense Attorneys the O’Malley Law Office, P.C. before making any plea deal. Your best course of action is to be smart, exercise your right to remain silent, and call us at 303-731-0719. Together, we can protect your future.