Trespassing Defense Attorney in Denver, Colorado
Trespass in Colorado is defined by a person entering or remaining in a dwelling, land or roadway of another. If a person enters a motor vehicle with the intent to commit a crime, it is Felony Trespassing.
Philip M. Smith • Attorney • Denver, Colorado
Free Consultations • Call (303) 333-8900 • Email
Trespassing Example: A neighbor goes into another neighbor’s home without permission knowing the neighbor is not home but has no intent to commit a crime, it is Felony Trespassing, Or, a sportsman hunting on public land enters onto private farm land that may or may not have a No Trespassing sign to harvest his animal, he has trespassed. A fly fisherman knowingly crosses from public to posted private property to land his catch of the day, has trespassed.Another example could be if a person has been previously convicted of shoplifting from a retail store and forbidden to go onto that property, goes into the same chain store at a different location, she is trespassing.
Philip M. Smith has over 35 years of legal experience
as a judge, district attorney, and a private attorney
practicing in all areas of criminal defense law including
Crimes Against Property.
If you trespass, you may find yourself victim to Colorado’s “Make My Day” law, which allows property owners to use deadly force against home intruders in some circumstances. If you are being investigated or have been arrested for Trespassing, call me for a free consultation today.
As you can see, Trespass is complicated and involves many areas of law. Don’t be confused with Burglary, Theft and Trespass. They are all specific crimes against property but a person could face all three and more. An unintentional act or misunderstanding could easily become a misdemeanor or felony charge permanently on your criminal record
Impact of a Charge and Conviction
The degree and seriousness of a Trespass charge and sentencing are as follows:
- First Degree Criminal Trespass is a Class 5 Felony with a presumptive sentence range of up to 3 years in prison and $100,000 in fines.
- Second Degree Criminal Trespass is a Class 3 Misdemeanor but is a Class 2 Misdemeanor if entry is on agricultural land with maximum sentence range of 6-12 months in jail and $1000 in fines.
- Second Degree Criminal Trespass is a Class 4 Felony if entry is on agricultural land with intent to commit a felony on said land with a presumptive sentence range of up to 6 years and $500,000 in fines.
- Driver’s license is revoked when a person is convicted of knowingly and unlawfully entering or remaining in a motor vehicle belonging to another.
- Third Degree Criminal Trespass is a Class 1 Petty Offense but is a Class 3 Misdemeanor if entry is on agricultural land with maximum sentence of 6 months in jail and up to $750 fine and is a Class 5 Felony if the trespass is with intent to commit a felony on said land with a presumptive sentence range of up to 3 years in prison and $100,000 in fines.
Call my office today for a free confidential consultation
Denver Colorado Attorney Philip M. Smith
Consequences of Trespass Charge
A Colorado Trespass conviction is not eligible for Sealing. The conviction will be available to law enforcement, military, government agencies and the public. Landlords and employers will not risk their property or the property of their tenants and employees by renting or hiring a person who they see as a threat because of your charge or conviction. It is important to fully explore the facts and law before taking a guilty plea. I want to help you get the best resolution to your case by working to have the charges dismissed or obtain a Deferred Judgment or Diversion.
Let Me Help
First, DO NOT discuss your case with ANYONE except your attorney. Any statements made to law enforcement may be used against you. Family, friends or coworkers may be called as witnesses.
As with all criminal charges it is critical to obtain as much information about the incident as quickly as possible. The sooner I can get started, the faster I can achieve the best resolution for you in this trespass allegation. Colorado Courts and prosecutors are often more lenient with first time offenders but each case is unique and it is unfair to compare one to another. I personally evaluate each case. I examine how best to approach your facts, police reports and the prosecutors file and tailor an individual strategy for achieving your goal.
Contact My Law Office
If you need a criminal Colorado defense lawyer for your Denver Colorado Burglary Theft or Trespassing criminal charge, or if you have questions about criminal charges, I encourage you to contact me, Philip M. Smith, 303-333-8900 today for a free and confidential initial consultation.