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Trespass Attorney in Denver | Mother Arrested in Park

trespass-attorney-omalley-and-sawyer-llc.jpegTrespassing in Denver is a crime that involves entering or remaining on another's property without permission. This offense can be a misdemeanor or felony depending on the type of property and intent for entry. Misdemeanor trespassing applies to entering or remaining in common areas of buildings, in places that are fenced, and on land that isn't a farm or ranch. Earlier this week, a mother-of-four was arrested for trespassing after allegedly using a closed playground during a peaceful protest to COVID-19 restrictions. Any allegations of unlawfully entering or remaining require help from an experienced trespass attorney.

Denver Misdemeanor Trespassing Laws

Denver's misdemeanor trespassing laws prohibit certain entry to specific places that aren't dwellings. C.R.S. 18-4-503 and C.R.S. 18-4-504 address these violations throughout the state of Colorado. Someone commits third-degree trespass in Denver, Lodo, or Park Hill if they:

  • unlawfully enter or remain,
  • upon another's property

This usually applies to locations that aren't residences and lack a clear barrier like a fence. However, a person commits the more serious crime of second-degree trespass in Denver County if they:

  • unlawfully enter or remain,
  • in or upon someone's property that is enclosed or fenced,
  • in the common areas of an apartment, hotel, or condo,
  • or inside someone's car

When trespassing involves unlawfully going inside someone's home, in a person's car intending to commit a crime, or entering agricultural land with intent to commit a felony, first-degree trespassing applies which is a felony offense.

What Are the Penalties for Misdemeanor Trespassing in Colorado?

Each trespassing case is different. As a result, the penalties differ as well. Misdemeanor trespassing in Colorado can range from a petty offense up to a class 2 misdemeanor. This creates for a sentencing range of:

  • up to 12 months in county jail,
  • fines of up to $1,000

Penalties are generally higher for trespassing on land labeled agricultural or trespassing somewhere with the intent to commit another crime such as criminal mischief or theft.

Denver Trespass Attorney

Consulting an experienced trespass attorney is the best course of action if facing an allegation of trespassing in Colorado. These cases include vital evidence that needs to be carefully analyzed by a skilled professional. Perhaps you were lawfully on the property, had the owner's permission, or you didn't know the location was private property. Nevertheless, contact our office for a free initial consultation. We will carefully look over your unique case and suggest next steps in your defense, all while prioritizing your best possible outcome.

If you or someone you know is facing a trespassing charge in Colorado, be smart. Contact the determined criminal lawyers at O'Malley and Sawyer, LLC at 303-731-0719. Together, we can protect your future.

Photo by Brett Sayles

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