In Colorado, it’s possible to face criminal trespass charges for illegally entering or remaining on another person’s property. Unfortunately, some people are wrongfully charged with this offense. These are the state’s laws on criminal trespass.
Understanding criminal trespass
Like many other offenses, if you face criminal trespass charges, a strong criminal defense is the best way to protect yourself. This crime can be classified as a misdemeanor or a felony based on the circumstances. However, the degree of charges depends on the type of property and the reason you entered or remained on the property. For example, if the property is a person’s home, the charges are more serious.
Trespass charges
First-degree trespass is when a person’s home is involved or someone enters another person’s property with the intention of committing a crime. For example, a man enters someone else’s vehicle to steal it.
The reason why criminal trespass involving a home or vehicle is classified as a first-degree offense is because people are more likely to be present. If a vehicle is involved, it doesn’t have to be locked and the individual does not have to break into it in order to be charged.
A person can be charged with second-degree trespass when they enter a property that is not currently occupied. It does not involve the intent to commit a crime once inside that property. For example, a person is heavily drunk and decides to enter a vehicle through an unlocked door to sleep it off.
Third-degree trespass occurs when the property is not a home and lacks an enclosure. These charges are considered low-level or petty offenses.
