A trespassing charge can have serious consequences. Therefore, facing an accusation of trespassing can be a daunting and stressful experience. If you are dealing with a trespassing charge, how can you navigate and handle your situation with more confidence?
Possible defense strategies
Before diving into the defense strategies, it is crucial to understand the trespassing charge. In Colorado, trespassing can be of first, second or third degree. Among the potential strategies against a trespassing charge are:
- Lack of intent: A viable defense could be if the defendant can prove they had no intent to trespass.
- Permission to enter: If the defendant can prove they had permission from the property owner to be on the property, this can serve as a strong defense.
- Mistake of fact: Another defense could be if the defendant mistakenly believed they had a right to be on the property. For example, if the property boundaries were unclear or had no proper markings.
Moreover, there are several legal strategies to do for fighting a trespassing charge. The defendant may negotiate a plea deal, move to dismiss the case or prepare for trial.
Challenging the burden of proof
Furthermore, the defendant can build a stronger defense by challenging the evidence. Since the prosecution has the burden of proof, they must prove that the defendant knowingly and unlawfully entered or remained on someone else’s property.
In addition, the prosecution must establish that the defendant caused damage to the property or intended to commit a crime while on the property. Aside from challenging the prosecution’s evidence, the defendant may collect and preserve evidence to boost their defense.
Protecting your record and reputation
Facing a trespassing charge can be complex, but it does not automatically mean you already have a conviction. With legal guidance, you may study your options, exercise your rights, and defend yourself as you seek to protect your record and reputation.
