Colorado Springs Trespassing Attorney
Providing Defense Representation to Clients in El Paso County
When you are facing criminal charges, we help you fight for your liberty and your future.
In the United States, we place great value on our private property and our rights to it without interference. In the state of Colorado, our laws reflect that. If you have been charged with criminal trespassing in Colorado, a conviction can result in serious penalties, including fines and time in jail. Don’t let this happen to you.
Make Peakstone Law Group, LLC, your first call when you are facing criminal trespassing charges in El Paso County. We will help you determine the right defense strategy and start working on your case right away. Call 719-689-8861 to schedule a free consultation to find out how we can help.
What Does Criminal Trespass Mean?
In Colorado, criminal trespass is when someone has unlawfully entered or has remained on another person’s property with criminal intent without the other person’s permission. Criminal trespass can also include going into someone’s vehicle. It can be a first-degree charge if the defendant had the “intent to commit a crime therein.” Here are a couple of example scenarios:
- A person goes to their ex-partner’s house to talk about getting back together. The conversation turns into an argument, and the ex-partner asks the person to leave. The person refuses, and the ex-partner calls the police.
- A person leaves their car unlocked in a mall parking lot. Someone gets in the car and rifles through everything looking for something to steal. They don’t find anything, so they leave but are stopped by mall security, who saw them on surveillance footage. They could be charged with criminal trespass because they intended to commit a crime, even though they didn’t actually take anything.
Consequently, although criminal trespass is a separate crime, it can also be charged with other criminal charges, such as theft, depending on the perpetrator’s intention.
Criminal trespass charges are serious, and you can face stiff penalties if convicted. It is crucial to take action quickly to protect your freedom. Contact our experienced Colorado Springs legal team for a free consultation. We are here to defend you!
The Classifications of Criminal Trespass Charges in Colorado Springs
Criminal trespass can be charged in the first, second, or third degree in Colorado, depending on the individual’s intentions and the type of property involved.
First Degree Criminal Trespass
18-4-502 C.R.S. states that “a person commits the crime of first-degree criminal trespass if such person knowingly and unlawfully enters or remains in a dwelling of another or if such person enters any motor vehicle with the intent to commit a crime therein.” A criminal trespass in the first degree is considered a Class 5 felony.
A first-degree criminal trespass is the most serious of criminal trespass charges because a person’s home and vehicle are places where it is more likely to have others present. In the matter of a vehicle, the vehicle does not have to be locked. Just entering into a home or vehicle with the intention of committing a crime is considered first-degree criminal trespass.
Maximum penalties for a first-degree criminal trespass conviction are up to three years in prison and up to $100,000 in fines. These are serious penalties, and a conviction could potentially change the entire course of your life. Working with an attorney can help you understand your defense options and ensure you have a legal team that will do everything they can to minimize the penalties or help you avoid a conviction altogether.
Second Degree Criminal Trespass
18-4-503 (1) C.R.S. provides that a criminal trespass in the second degree has taken place when an individual:
- Knowingly and unlawfully enters or remains on the premises of another if those premises were enclosed or fenced to keep intruders out; or
- Knowingly and unlawfully enters or remains in the common areas of a hotel, motel, condominium, or apartment complex; or
- Knowingly and unlawfully enters or remains in someone else’s motor vehicle.
Second-degree charges differ from first-degree criminal trespassing in that the property does not have to be someone’s private dwelling. As to motor vehicles, second-degree charges do not have to prove criminal intent. For example, if someone spots a nice sports car in a parking lot that happens to be unlocked and sits in it “just for a minute” to see what it feels like, this could still result in criminal charges.
A criminal trespass in the second degree can be charged either as a petty offense or a Class 2 misdemeanor (unless the property has been previously categorized as agricultural land and there was an intent to commit a felony, in which case it could be charged as a Class 4 Felony).
Depending on the level of offense and intent, criminal trespassing in the second degree can result in fines up to $1,000 and possible jail time between 10 and 364 days.
Furthermore, a conviction of second-degree trespass involving a vehicle may result in the revocation of your driver’s license. This is a crucial penalty to be aware of because it can have a cascading effect on every other area of your life. If you lose your driving privileges, you’ll have to rely on friends and family or pay rideshare drivers. This may make it harder to get to work on time, which could eventually lead to losing your job. An attorney may be able to help you keep your license or apply for a hardship license (also known as a red license in Colorado) so you can do necessary driving, such as for groceries or employment.
Third Degree Criminal Trespass
Criminal trespass charges in the third degree are the least serious charge. This can be charged when someone unlawfully enters or remains on someone else’s property that is not a private dwelling or property that is fenced or otherwise enclosed. An example of this could be driving onto a vacant field to look at the stars or hiking across private property. Most third-degree criminal trespassing charges are considered petty offenses, carrying a potential penalty of up to 10 days in jail, a fine of up to $300, or both.
Additional Consequences for Criminal Trespassing
Charges for criminal trespassing are often brought with other charges. Charges of robbery, theft, or burglary typically add a trespassing component to the mix. In addition to fines and jail time, someone convicted of criminal trespassing will also be subject to court costs, probation, and a criminal record that may follow them for the rest of their life.
Trespassing and Domestic Violence
Trespassing charges are often brought with charges involving domestic violence. When an individual enters the home or place of work of a former or current partner, they may be charged with criminal trespassing. When this happens as part of a domestic violence incident, the person being charged with trespassing will be arrested and potentially be subject to a restraining order by the court.
Domestic violence is not its own offense. While there is no formal charge of domestic violence, it becomes an enhancement to other charges. Consequently, if someone is charged with criminal trespassing as part of a domestic incident, the domestic violence enhancement will result in additional sentencing considerations. In addition, under Colorado law, the police must make a mandatory arrest and charge the perpetrator.
If your criminal trespassing charges are related to an alleged domestic violence incident, it’s critical that you get help from an experienced attorney right away.
Defenses to Trespassing Charges
All levels of criminal trespassing charges have the requirement that the defendant had “knowingly and unlawfully” entered on or remained on someone else’s property. Consequently, criminal defense attorneys in Colorado have many defense options for a line of defense.
- Did the defendant have criminal intentions?
- Did the property qualify as a private dwelling?
- Was the defendant’s presence there truly unlawful?
- Did the defendant have consent to be there?
- Did the defendant realize they were on private property?
- Did the defendant realize they were on agricultural property?
If someone wasn’t aware that they had gone onto someone else’s property, they can’t be convicted. Consider this example. Public land with hiking trails borders private property that also has hiking trails on it for the property owner. You’re hiking on the public land, but end up mistakenly getting off the official trail and onto the private trail on the private property. If you truly believed you were still on the public property, a defense attorney can use this to show that you didn’t have the intent the law requires.
Arguing that the defendant’s presence wasn’t unlawful is another common defense. An attorney could argue that you had a reasonable belief that you were allowed on the property. Suppose a friend invites you over to their house and says they won’t be there when you get there, but to just wait on the front porch, and a neighbor calls the police. Your presence on the property would be considered lawful and, therefore, not trespassing because you had the owner’s permission.
How To Get Skilled Legal Defense in Colorado Springs
Depending on the circumstances, which degree of offense you are charged with, and what other charges accompany it, criminal trespassing charges can result in significant fines and jail time. Getting the guidance of an experienced Colorado trespassing attorney is critical when you have been charged with criminal trespassing. The sooner you have skilled legal representation, the more favorable your potential outcome.
Contact the Colorado Springs criminal defense team at Peakstone Law, for a free consultation to discuss your charges and your options! Call 719-689-8861 to schedule your appointment and learn more.