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Criminal Trespass and Trespassing – Attorney in Denver

| Sep 16, 2015 | Trespassing |

Criminal Trespass, also known as Trespassing in Denver and Douglas County, is a crime that can have severe impact on you and your career. Trespassing on someone else’s property could leave you facing prison, county jail, probation, hefty fines, and a host of other punishments. However, you don’t have to let the prosecuting attorney scare you into accepting a plea to a crime that you didn’t commit. Instead, call an experienced criminal defense lawyer who can help. Let’s take a look at what a Criminal Trespass charge encompasses.

Types of Trespassing Charges in Colorado

Criminal Trespass is a crime that is charged in degrees based upon the place the Trespass allegedly occurred. The three variations are: First Degree Criminal Trespass, C.R.S. 18-4-502, Second Degree Criminal Trespass, C.R.S. 18-4-503, and Third Degree Criminal Trespass, C.R.S. 18-4-504. Each charge has different requirements that the State of Colorado would have to prove in order to convict you of the crime. The District Attorneys in Adams and Jefferson County often accuse people of violating a much more severe law than the actual facts of the case support. It seems they want to leave room for a plea bargain to a lesser charge.

County Jail and Colorado Department of Corrections Sentences for Criminal Trespass Convictions

The punishment for Trespassing onto someone else’s property varies with the crime charged. For instance, First Degree Criminal Trespass in Colorado is a class 5 felony. Someone convicted of this crime is facing up to three years in the Department of Corrections. Second Degree Criminal Trespass can be either a class 3 misdemeanor, a class 2 misdemeanor, or a class 4 felony. This means that a person would be facing a maximum punishment of up to 6 months in jail, one year in jail, or 18 months in prison, respectively. In Parker and Aurora, Third Degree Criminal Trespass is a class 1 petty offense (six months in jail), a class 3 misdemeanor (6 months in jail), or class 5 felony (three years in prison). Read how a Trespass or Trespassing charge can result in the loss of your driver’s license in Colorado.

How the land or property involved has been designated by the State of Colorado will affect the charges a person will face. This is one key component to the elements of this crime. Essentially, the elements are the parts the District Attorney in Boulder, El Paso, and Elbert County would have to prove to convict you at trial. The element that affects the Trespass cases I handle is whether the land was designated by the state as agricultural land. If so, the potential punishment skyrockets.

Our lawyers only practice in criminal law. We know how police and District Attorneys make mistakes in their charging decisions. We know how to use those mistakes to your advantage. So, if you or a loved one is facing charges of Criminal Trespass, be smart, exercise your right to remain silent, and call us at 303-731-0719. Together we can protect your future.