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3rd Degree Trespass in Arapahoe County | Criminal Defense Lawyer

| Oct 23, 2020 | Firm News, Trespass |

3rd Degree Trespass

3rd degree trespass occurs in Arapahoe County when someone enters or remains somewhere unlawfully. Specifically, this law prevents doing so in or on another’s premises that aren’t fenced or enclosed in some way. Entering or remaining in a park after hours or standing in your unruly neighbor’s yard after they’ve asked you to leave are examples of trespassing in the third-degree. Law enforcement in Arapahoe, Denver, and Douglas County are quick to charge when they believe a person has committed criminal trespassing. Seek a skilled criminal defense lawyer right away if you’re being accused of trespassing in Aurora, Centennial, or Englewood.

Specific Elements of 3rd Degree Trespass

Arapahoe County’s third-degree trespass law prohibits unlawful entry on specific property. CRS 18-4-504 defines the specific elements of 3rd degree trespass in Arapahoe, Douglas, and Elbert County. You commit this property crime if you:

  • unlawfully enter or remain,
  • in or on the premises of another

This includes another’s land, their yard, a building, or a house being built down the street. Crossing over a fence or other enclosure unlawfully elevates this charge to 2nd degree trespassing. An owner’s consent or permission to be somewhere is a major factor when it comes to trespassing. Lingering or defiantly staying somewhere after hours or beyond when you’ve been asked to leave can become problematic quickly.

How Bad is 3rd Degree Trespassing in Colorado?

While each trespassing case is different, third-degree criminal trespass is at minimum a class 1 petty offense in Arapahoe, Denver, and Jefferson County. A conviction can lead to up to 180 days in county jail and a maximum fine of $500. However, trespassing on land classified as agricultural (farm or ranch) is a class 3 misdemeanor. Convictions in these cases can result in:

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

Furthermore, trespassing on agricultural land intending to commit a crime that is a felony is a class 5 felony throughout Colorado. A few years in prison and thousands of dollars in fines can apply in these situations.

Arapahoe County Trespass Lawyer

Whether you’re being accused of trespassing in Aurora, Littleton, or Centennial, consulting an experienced Arapahoe County trespass lawyer is crucial. Our legal team has decades of combined experience fighting trespassing charges and our reviews speak for themselves. Maybe you had permission to be on the property, you didn’t know you were trespassing, or the land wasn’t agricultural. That said, contact our law offices today for a free, confidential consultation. Our affordable fees and flexible payment plans make obtaining a strategic, private attorney a reality in these uncertain times.

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

Photo by Dan Meyers