Trespass can be a serious criminal charge. If you are facing charges of trespass you should consult with a Denver criminal defense attorney immediately. Under Colorado law, criminal trespass is charged when somebody enters another’s property. There are three classifications of trespass with varying penalties depending upon the accused’s alleged conduct.

Contact a Colorado criminal defense lawyer representing clients in Denver, CO today to schedule your initial consultation.

First-degree criminal trespass is a class 5 felony and is generally charged in situations where a person has trespassed in somebody’s home. The elements of the first-degree trespass are detailed in C.R.S. 18-4-502 and read as follows:

1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. knowingly, and
4. unlawfully,
5. entered or remained in a dwelling of another.

Or

3. entered any motor vehicle,
4. with intent to commit a crime therein.

As a class 5 felony, first degree criminal trespass carries a potential prison sentence of up to 3 years in prison and a fine of up to $100,000.

Second-degree criminal trespass differs from first-degree trespass in that the premises can just be any enclosed space rather than ebing a persons home. The elements of second-degree criminal trespass are detailed in C.R.S. 18-4-503 and read as follows:

1. That the defendant
2. in the State of Colorado, at or about the date and place charged,
3. knowingly, and
4. unlawfully,
5. entered or remained,
6. in or upon the premises of another,
7. which were enclosed in a manner designed to exclude intruders or were fenced.

If you would like to schedule an initial consultation, contact a Colorado criminal defense attorney, we represent clients in Denver, Colorado, and the surrounding area. The Savela Law Firm, P.C. Give us a call at (303) 856-5700 or complete our inquiry form.

As a class 3 misdemeanor, second-degree criminal trespass carries a potential punishment of up to 6 months in jail and a fine of up to $750.
Finally, third-degree criminal trespass is similar to the trespass crimes detailed above except that the property is neither a home nor enclosed, it is simply remaining on somebody else’s property. The elements are of third-degree criminal trespass are detailed in C.R.S. 18-4-504 and read as follows:

1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. unlawfully,
4. entered or remained,
5. in or upon any premises of another.

As a class 1 petty offense, third-degree criminal trespass in Colorado carries potential penalties of not more than 6 months in jail and a fine of not more than $500.

If you have been charged with trespass an experienced Denver criminal defense lawyer is essential. Get in touch with experienced Denver trespass defense attorneys Jason Savela and Ryan Dawson by filling out our online contact form or by calling (303) 856-5700.