Living in Castle Rock, you likely enjoy the beautiful parks and trails that wind through our community. However, a simple mistake could land you with a trespassing charge and serious legal consequences.
As experienced Castle Rock trespassing lawyers, we understand how trespassing laws work in Colorado. We’ve represented local residents accused of trespassing for over a decade.
If you’re facing trespassing charges, don’t go it alone. Contact us for guidance from a Douglas County trespassing lawyer.
According to Colorado law, trespassing falls into three different degrees of severity. The factors that impact the severity of this charge can be complex, and a Colorado Springs trespassing attorney can help you navigate the legal process.
Third-degree criminal trespassing occurs when an individual enters or stays on another person’s property without consent. The least severe of the three degrees of trespassing in Colorado, this charge is often given when the trespassing individual knew the owner of the property or posed no threat to them.
Second-degree criminal trespassing occurs when an individual enters fenced or enclosed private property without the owner’s consent. This applies to common areas of private dwelling properties like motels, hotels, apartment complexes, and condominiums.
While still less severe than a first-degree criminal trespass, this charge can be elevated to a felony offense when certain aggravating factors are present.
The most severe trespassing charge is reserved for those who enter another person’s home unlawfully. A first-degree criminal trespass doesn’t only apply to houses, though; it can apply to any dwelling or living quarters.
A defendant can be charged with this degree of trespassing if they unlawfully enter any of the following:
In some cases, entering someone’s motor vehicle can result in a first-degree criminal trespass charge. This is particularly the case if it can be proven that the defendant did so with criminal intent.
A trespassing conviction in Castle Rock can lead to fines, jail time, probation, and a criminal record. Penalties depend on the specifics of your case:
|
Charge |
Classification | Penalties |
| First-degree trespass | Class 1 misdemeanor (general) | Up to 364 days in jail and/or up to $1,000 in fines |
| First-degree trespass (on inhabited or occupied dwelling) | Class 6 felony | 1-18 months in prison (and 1 year mandatory parole), and/or $1,000-$100,000 fine |
| Second-degree trespass (in motor vehicle) | Class 2 misdemeanor | Up to 120 days in jail, and/or up to $750 in fines |
| Second-degree trespass (on agricultural land with intent to commit felony) | Class 4 felony | 2-6 years in prison, and/or fine of $2,000-$500,000 |
| Second-degree trespass (other) | Petty offense | Up to 10 days in jail, and/or up to $300 in fines |
| Third-degree trespass | Petty offense | Up to 10 days in jail, and/or up to $300 fine |
| Third-degree trespass (on agricultural land with intent to commit felony) | Class 5 felony |
1-3 years in prison, and/or fine of $1,000-$100,000 |
As you can see, trespassing convictions can lead to substantial fines, jail time, and criminal records under Colorado law. However, an experienced Castle Rock trespassing attorney has in-depth knowledge of these statutes and defenses that can be used to potentially avoid convictions and minimize penalties.
An experienced local trespassing lawyer thoroughly investigates your case and identifies the best defense strategies. We aim to get charges reduced or dismissed through:
Leveraging a clean record and questioning the strength of the prosecution’s case, we can often negotiate a dismissal or plea deal to a lesser charge. Community service may substitute jail time.
If a deal can’t be reached, we’re ready to defend you at trial. We scrutinize the evidence, raise doubt about criminal intent, and present affirmative defenses like self-defense or necessity.
If found guilty, we highlight your positive character references, seek counseling or treatment, and request alternative sentencing. Our goal is probation and avoiding jail time.
If you’re facing trespassing accusations in Castle Rock, you want an attorney who knows the local courts, laws, and key legal players inside and out. Our firm has called Castle Rock home for over a decade.
As your neighbors and passionate advocates, we offer:
Don’t settle for an attorney unfamiliar with Castle Rock’s unique legal landscape. Get specialized understanding and advocacy focused solely on your trespassing defense from a firm ingrained in this community.
Trespassing charges shouldn’t be taken lightly. An experienced Castle Rock criminal defense lawyer can guide you through the complex legal process and build the strongest case for dismissal or acquittal.
To discuss your situation in a free consultation, contact Right Law Group online today. Let us stand by your side and fight for the best possible result in your trespassing case.
Frequently Asked Questions
Yes, in Colorado, you can be charged with trespassing even if you were never directly asked to depart the property.
In most cases, lack of intent or lack of knowledge of posted signs is not a valid defense to trespassing charges in Colorado. Property owners are not required to conclusively prove you were knowingly trespassing.
