Sometimes, we are curious about what is behind the closed doors of others, in their back yards, or, we enter a home by mistake when drunk. We don’t have any intent to steal or hurt anyone. We have seen all these scenarios occur in our Denver criminal defense law firm’s twenty-five year history. This conduct can result in criminal charges for Second Degree Trespass / Trespassing in Denver and across our state.
Second Degree Criminal Trespass in Douglas County – Can Occur a Variety of Ways
2nd Degree Criminal Trespassing, C.R.S. 18-4-503, is charged in Adams and Douglas County, when someone:
1. Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or
2. Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced; or
3. Knowingly and unlawfully enters or remains in a motor vehicle of another.
The Crime of 2nd Degree Criminal Trespass is a class 3 misdemeanor, but it can be charged as:
1. A Class 2 misdemeanor, when the premises entered are classified by the government as agricultural land, Section 39-1-102(1.6), C.R.S.
2. A Class 4 felony, when the defendant is found trespassing on property classified as agricultural land and there is intent to commit a felony crime while there.
Jefferson County, Colorado – What is Second Degree Burglary in Colorado?
With all of this information in mind, adults who enter the property of another can expect charges of Trespassing in Jefferson County and Denver. Provided they are not there to commit another crime (and any crime will suffice), they will not be charged with Burglary. Something as simple as damaging an item, taking a small souvenir, or eating food can transform the case into a Burglary. Basically, Trespassing + any crime = Burglary. District Attorneys are notorious for finding small, insignificant crimes which occurred during the trespass, and escalating the case to a more serious Burglary charge. Even a motor vehicle can classify as private property which qualifies for a felony Trespassing charge.
A “motor vehicle” is defined as:
“Any self-propelled device by which persons or property may be moved, carried, or transported from one place to another by land, water, or air, except devices operated on rails, tracks, or cables fixed to the ground or supported by pylons, towers, or other structures.”
So, men and women can face charges of Second Degree Criminal Trespass for knowingly and unlawfully entering or remaining in the motor vehicle of another.
If you are facing Felony or Misdemeanor charges of Second Degree Criminal Trespass in Denver or anywhere else in Colorado, be smart, exercise your constitutional right to remain silent, and call the best Trespassing lawyers at 303-830-0880 for a free consultation. Together, we can protect your future.