Colorado Criminal Trespass Attorney

Under Colorado law, criminal trespass is charged when a person unlawfully enters or remains on the property of another. Criminal trespass is broken down into three classifications based on the type of property involved and the defendant’s reason for entering or remaining on the premises. The maximum penalty for a criminal trespass conviction in Colorado is up to 3 years in prison and up to a $100,000 fine.

First degree criminal trespass is a class 5 felony in Colorado and is typically charged when the property involved is a someone’s home. It is also considered first degree criminal trespass when the property involved is someone’s motor vehicle, even if the vehicle is unlocked. However, the prosecutor must be able to prove that you entered the vehicle with the intent to commit a crime.

Second degree criminal trespass is a class 3 misdemeanor carrying up to 6 months in jail and up to a $750 fine. Unlike first degree criminal trespass, second degree criminal trespass does not involve someone’s home. It only requires that the premises be enclosed in a manner designed to exclude others, be a hotel, condo, or apartment building. Unlawfully entering or remaining in the motor vehicle of another is also second degree criminal trespass as long as the defendant did not intend to commit a crime other than the trespass itself. Second degree criminal trespass becomes a class 2 misdemeanor if the premises are classified as agricultural land. In this case, the penalties increase up to a year in jail and up to a $1,000 fine.

Third degree criminal trespass in Colorado is typically classified as a class 1 petty offense carrying up to 6 months in jail up to a $500 fine. This is usually charged when the property is not classified as a dwelling or if the property is not fenced or enclosed.

If you or someone you know was charged with trespass in Colorado, contact Weber Law to schedule a free consultation. Our attorneys can employ a variety of defenses to trespass to help you reduce your charges or get your case dismissed. Possible defenses we may explore include:

-The property may not actually be classified as a dwelling.
-You did not knowingly enter private property or agricultural land.
-The owner of the property gave you consent to enter the property.
-Your presence was lawful.
-You had no intention to commit a crime.

• CRS 18-4-502 First degree criminal trespass
• CRS 18-4-503 Second degree criminal trespass
• CRS 18-4-504 Third degree criminal trespass