Colorado statute CRS 18-4-504—third-degree criminal trespassing—is a Class 1 petty offense punishable by up to six months in prison and/or a fine up to $500. It is defined as unlawfully entering or remaining upon another person’s premises and can be enhanced if trespassing occurred on agricultural land.
|First-Degree Criminal Trespassing||Misdemeanor or Felony|| |
|Second-Degree Criminal Trespassing||Misdemeanor, Felony, or Petty Offense|| |
|Third-Degree Criminal Trespassing||Petty Offense or Class 5 Felony|| |
|(Colo. Rev. Stat. § § 18-4-502, 18-4-503, 18-4-504.)|
A third-degree criminal trespass charge is no small matter. Since most are considered a “petty offense,” it may give you a false sense that the charges against you aren’t serious. But a criminal trespass conviction can result in jail time and a criminal record easily accessible to future employers, lenders, and landlords.
There’s hope. Regardless of your charges, the prosecution must prove guilt beyond a reasonable doubt to get a conviction.
The elements required to prove a criminal trespass charge in Colorado Springs include:
A third-degree criminal trespass charge isn’t something you should tackle alone. Consult a qualified defense attorney about your options.
(1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.
(2) Third degree criminal trespass is a class 1 petty offense, but:
(a) It is a class 3 misdemeanor if the premises have been classified by the county assessor for the county in which the land is situated as agricultural land pursuant to section 39-1-102 (1.6), C.R.S.; and
(b) It is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.
Criminal trespassing laws are complicated, but the penalties are clear—if you’re convicted of a third-degree criminal trespassing charge, you’ll be stripped of your freedoms, spend time in jail, and pay hefty fines. At Right Law Group, we aim to ensure that doesn’t happen by providing aggressive legal defense on your behalf. We’ll challenge the charges against you to get a positive outcome in your case. Contact our law firm today to get a free consultation.
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The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.
In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.
Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.
A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.
This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.
An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.
A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.
A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.
After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.
At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.
Premises are considered real property, buildings, other improvements thereon, stream banks, and beds of any non-navigable freshwater streams flowing through such real property.
The El Paso County tax assessors office classifies agricultural land. Land must meet specific qualifications, such as being used for farming or ranching for three straight years, having qualifying livestock graze most of the property, and other requirements.
If the land is not considered agricultural, criminal trespassing will not warrant a felony offense.
Private land does not have to be posted or fenced in Colorado. Unfortunately, this can lead individuals to accidentally wander onto private property—especially agricultural land—unaware they are committing a severe trespassing violation.