Trespassing in Arapahoe County
Trespassing, C.R.S. 18-4-502, 503, and 504, is charged under one of three different statutes in Arapahoe County depending on the circumstances of allegations. Today’s blog will explain the differences between the types of Criminal Trespass.
Third Degree Criminal Trespass in Jefferson County
A Jefferson County Sheriff deputy can make an arrest or issue a citation for Third Degree Criminal Trespass if he believes a person has unlawfully entered or remained on the premises of another. Third Degree Criminal Trespass is normally charged as a Petty Offense, but can be filed as a class 3 misdemeanor if the Trespass is on agricultural land. It can also be filed as a class 5 felony if the trespass is on agricultural land and the person intended to commit a felony while on the property.
Second Degree Criminal Trespass in Adams County
Second Degree Criminal Trespass is charged in Adams County when a prosecutor believes a defendant does everything in the paragraph above and on a property which is enclosed with a structure designed to keep intruders out. The structure may be something as simple as a chain linked fence. A person will also be charged with Second Degree Criminal Trespass if she unlawfully enters or remains upon the common areas of a hotel, motel, condominium, or a motor vehicle. Second Degree Criminal Trespass is normally charged as a class 3 misdemeanor or a more serious class 2 misdemeanor if it happens on agricultural land. It becomes a class 4 felony if it is on agricultural land and the actor intended to commit a felony while on the property.
What is First Degree Criminal Trespass in Douglas County?
In Douglas County and everywhere in Colorado a person will be charged with First Degree Criminal Trespassing if he or she knowingly and unlawfully enters the dwelling of another or if that person enters the motor vehicle of another with the intention of committing a felony. First Degree Criminal Trespass is charged as a class 5 felony.
As you can see, Trespassing is treated with more severity as the intrusiveness into another person’s private property increases. In other words, unfenced land is not seen as intrusive as fenced land and entering a home or car is more intrusive than fenced property.
If you are cited or arrested for any Criminal Trespass you need to contact the experienced Criminal Defense Attorneys at the O’Malley Law Office. Any conviction, even for a petty offense can have negative lifelong consequences. 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.”