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Second-Degree Criminal Trespass in Arapahoe County

| Sep 30, 2020 | Trespass |

Second-degree criminal trespass is a charge in Arapahoe County that involves going on someone’s enclosed property or inside their car without permission. While hopping a fence is perhaps the most common example of 2nd degree trespassing, entering or remaining unlawfully in the common area of a hotel or apartment building can also qualify. We’ve even seen this charge apply following an argument where someone refuses to leave. With jail time, fines, and a criminal record on the line, skilled representation is a must. Below we discuss second-degree trespass in further detail and how our defense attorneys can help those facing these allegations.

Arapahoe County 2nd Degree Trespassing Law

Arapahoe County’s trespassing laws prohibit unlawfully entering or remaining in many locations. CRS 18-4-503 addresses second-degree criminal trespass specifically. There are essentially three different ways you can be charged with 2nd degree trespassing in Aurora, Centennial, or Englewood. Those include:

  • unlawfully entering or remaining on another’s property that is enclosed to deter intruders or fenced in some way,
  • knowingly and unlawfully entering or remaining in a common area belonging to a hotel, motel, condo, or apartment building,
  • or knowingly and unlawfully entering or remaining in another person’s vehicle

Common areas of hotels or condos include the lobby, hallways, pool area, and lawns. These areas often have security cameras running at all times as well.

Will I Go to Jail for Second-Degree Criminal Trespass in Aurora?

Each case of criminal trespassing is different. As a result, penalties won’t always be the same. In many situations, 2nd degree trespassing is a class 3 misdemeanor, possibly leading to:

  • up to 6 months in county jail,
  • fines of $50 – $750

If the offense involves trespassing on a ranch or farm, the crime elevates to a class 2 misdemeanor which can double the jail sentence and add to the fines. Furthermore, trespassing on these agricultural lands intending to commit a felony raises the charge to a class 4 felony. This can apply in situations where theft or criminal mischief was the intent of entering the farm or ranch.

Aurora Trespassing Defense Attorney

An allegation or charge of trespassing doesn’t mean you’re guilty. Forming a strong defense to accusations of criminal trespass is a complex process requiring determined representation from an experienced defense lawyer. Perhaps you had permission to be where you were, you didn’t know you were trespassing, or the land wasn’t agricultural. Nevertheless, contact our law office today for a free, confidential consultation. One of our strategic attorneys will carefully analyze your unique case, as well as recommend next steps in your defense. Our competitive fees and flexible payment plans make hiring a skilled lawyer a reality in these uncertain times.

Don’t talk to the police about trespassing charges – talk to us. O’Malley and Sawyer, LLC 303-731-0719.

Photo by Shane Rounce