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Colorado Springs Trespassing Lawyers

What Is Trespassing in Colorado?

Trespassing in Colorado entails accessing someone else’s property without their permission or consent. However harmless it seems, it can cause serious consequences depending on the circumstances. If charged with trespassing, you risk lifelong consequences that a criminal defense attorney from The Bussey Law Firm, P.C. can help resolve. Call us at (719) 475-2555 and book your consultation.

Trespassing Case Results

  • Felony Criminal Mischief and Felony Criminal Trespass - No Felony Conviction, Deferred Sentence Only

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What Laws Come into Play?

In Colorado, trespassing charges go hand in hand with domestic violence. If you illegally enter the home or workplace of your intimate partner and you are charged with trespass and domestic violence, you may get a restraining order against you, and hiring a lawyer is ideal lest you also face domestic violence charges and lose your freedom.

Trespassing also has common elements with burglary laws, involving knowingly and illegally entering someone else’s property. However, burglary is more severe, but if you are in a borderline case, you will need an experienced lawyer to negotiate with the prosecution to drop burglary charges.

What Are the Degrees of Trespassing?

Trespassing comes in three degrees. The penalties range from class 1 petty offense to class 5 felony. You can be charged with first-degree trespassing if you knowingly and illegally enter someone else’s home intending to commit a crime. A first-degree trespass falls under a class 5 felony, and you risk up to a 3-year jail term or a $100,000 fine.

You can be charged with a second-degree trespass if you fulfill the following conditions:

  • Illegally enter or stay in another person’s enclosed or fenced property to exclude intruders
  • Knowingly and illegally enter or remain in the common areas of a motel, hotel, apartment building, or condominium
  • Knowingly and illegally enter or remain in someone else’s motor vehicle

A second-degree trespass can be a class 2 misdemeanor where the property is agricultural land and a class 4 felony if the trespass is to commit a felony on the land. Where the second-degree criminal trespassing charge is a misdemeanor, you risk up to a one-year jail term and $1,000 in fines and up to six years in jail plus a fine of $500,000 in case of a felony.

You will be charged with third-degree trespass if you unlawfully enter or remain on someone else’s property. This class of offense is categorized as a class 1 petty offense. A third-degree trespass will be a class 3 misdemeanor if the premise is classified as agricultural land and a class 5 felony if the trespass is on land classified as agricultural and with an intent to commit a felony. A class 5 felony attracts a maximum of five years jail term.

How Can a Colorado Springs Trespassing Attorney Help?

When convicted of trespass, you will face long-term consequences for your crime. For instance, if you enter someone else’s motor vehicle, you risk losing your driving privileges for some time, adding stress to your life. Criminal records from trespassing will also affect your chances with potential employers and government agencies who have access to these details.

Common defenses to trespassing charges will include the following:

  • You had consent from the owner to be on their property
  • You were on the property legally
  • You had no idea you were entering a private property
  • You did not know you were entering agricultural land
  • You had no criminal intentions on the property
  • The premises didn’t match as a dwelling

No matter your trespassing degree charge, you should contact The Bussey Law Firm, P.C., for legal assistance. Our Colorado Springs trespassing defense attorneys will take on your case and start the investigations for a favorable outcome. Call us today at (719) 475-2555 and let us help you through the prosecution.

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