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Trespassing and Criminal Trespass | Criminal Defense Lawyer

| Apr 18, 2018 | Trespass |

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Criminal Trespass Differences | Trespassing in Arapahoe County, Colorado

Colorado Criminal Trespass, also known as Trespassing, is located in one of three statutes. Where it is charged depends on the Arapahoe County police officer’s belief that it fits under a particular Trespassing definition. Today’s blog will explain the differences between the types of Criminal Trespass.

Third Degree Criminal Trespass in Jefferson County, C.R.S. 18-4-504 – The Least Serious Trespassing

A Jefferson County Sheriff deputy can make an arrest or issue a summons for Third Degree Criminal Trespass if he believes a person has unlawfully entered or remained on the premises of another. Third Degree 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 property is on agricultural land and the intent was to commit a felony while on the property. The Three Types of Criminal Trespass.

Second Degree Criminal Trespass in Adams County, C.R.S. 18-4-503 – Medium Level Trespassing

Second Degree Criminal Trespass is charged in Adams County when a prosecutor believes a defendant does everything in the paragraph above and the property is enclosed with a fence or structure to keep intruders out. A person will also be charged with Second Degree Criminal Trespassing if she unlawfully enters or remains upon the common areas of a hotel, motel, condominium, or a motor vehicle. Second Degree is normally charged as a class 3 misdemeanor or the 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? C.R.S. 18-4-502 – The Most Serious Trespassing

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. 1st Degree is charged as a class 5 felony.

Denver Criminal Trespass / Trespassing – Based on Intrusiveness

As you can see, Denver Trespassing is treated with more severity as the level of 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 arrested or charged with any Criminal Trespass charges, you need to contact the experienced criminal defense attorneys at the O’Malley Law Office. Call us at 303-731-0719. Together, we can protect your future.