Colorado Springs Trespassing Attorney
Most of us have an awareness that trespassing is against the law, however, some people do not see it as a crime, or at least not something that they might end up getting sent to prison for, or be fined a lot of money over.
Don’t be fooled – trespass is a crime that can be punished severely in Colorado.
Criminal Trespass Charges
Trespassing is the legal term that is used to describe a person entering another person’s property without permission or without obtaining consent. Trespassing is usually only something that a person gets charged for if it appeared that they had criminal intent when they did so. Criminal intent can include having the knowledge that the property was private before the entered it.
Criminal trespass in Colorado can be charged in the first degree, second degree, or third degree.
First Degree Criminal Trespass
First-degree trespass means that the person did not have a legal right to be on the property. The person knowingly and illegally entered a person’s home or a vehicle that is not theirs with the intent of committing a crime. First-degree criminal trespass in Colorado is a Class 5 felony. This means those convicted of it can face fines of up to $100,000 and up to three years in prison.
Criminal trespass is treated very seriously in Colorado. Some kinds of trespass are treated as a felony and this means that they are very serious. Even a misdemeanor trespassing conviction can carry with it the possibility of imprisonment. It is important to understand the different levels of charge and the degree and seriousness of them.
Second Degree Criminal Trespass
Second Degree Criminal Trespass is a misdemeanor of class 3, or of class 2 if the trespass was onto agricultural land. The maximum sentence can range from 6 to 12 months, with a fine of up to $1,000 if convicted.
Second Degree Criminal Trespass can be a Class 4 felony in some cases, such as if the entry was onto agricultural land, with intent to commit a felony. In that case, the fine can be up to $500,000 and the sentence can be up to six years in prison.
If someone is convicted of knowingly and unlawfully entering into or remaining in a motor vehicle that is not theirs, then they will have their driver’s license revoked.
Third Degree Criminal Trespass
Third Degree Criminal Trespass is classed either as a petty offense (Class 1), or a Class 3 Misdemeanor (if the trespass was onto agricultural land), and the sentence can be up to six months in jail and a fine of up to $750. This offense can be a Class 5 Felony if the charge includes intent to commit a felony, in which case the sentence can range up to three years in jail and a fine of up to $100,000.
Have You Been Charged With Trespassing in Colorado Springs?
A lot of people underestimate how serious a criminal trespass charge can be. If you have been charged with trespassing and are worried that you could face a jail term, it is important that you seek advice from an experienced criminal defense attorney immediately.
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