Aperson will be charged with First Degree Criminal Trespass if they knowingly, and without permission, enter the home (apartment, house) of another person, or unlawfully enter a vehicle with the intent to commit a crime. When a District Attorney in Arapahoe or Adams County charges someone with this crime, they look for the motive behind the incident. As you can see, there are two separate elements to this offense:
First Degree Criminal Trespass:
Entry into a Motor Vehicle
A person will be charged with First Degree Criminal Trespass if they enter a motor vehicle with the intent to commit a crime. This intended crime is often Theft – such as when a person enters a car in order to steal the stereo or CD’s. Or, it is Criminal Mischief – such as when a perturbed ex wants to damage the inside of their ex’s car.
First Degree Criminal Trespass:
Knowing and Unlawful Entry into a Dwelling, House or Apartment
A person will be charged with First Degree Criminal Trespass if they knowingly and unlawfully enter or remain in the home of another person. For example, a person could be charged with this crime in Douglas or Jefferson County for staying in a person’s home after being ordered to leave the premises.
Sentence for First Degree Criminal Trespass
First Degree Criminal Trespass is a crime which is often charged after a misunderstanding, or when a person refuses to leave someone’s property when asked. It is a class 5 felony in Denver, Larimer, and El Paso County. The possible consequences of a conviction are as follows:
- 1 – 3 Years in the Colorado Department of Corrections
- Up to $100,000 Fine
Charged with First Degree Criminal Trespass? Why You Need a Lawyer
Because a prison sentence is possible for a First Degree Criminal Trespass conviction, or any other form of Trespass, it is extremely important to take your charges seriously. Immediately contact a full-time experienced criminal defense attorney who is familiar with the court system and who will be an aggressive defense on your behalf. The attorneys at the O’Malley Law Office have been defending clients accused of First Degree Criminal Trespass for over 20 years. Our best attorneys often get acquittals or reduced sentences for our clients, because of our unbeatable approach. We have been successful in beating the government and saving the reputation and future of our clients. Our clients trust us because we truly care about them and their future. Having a criminal record can affect your future in more ways than you can imagine. It can influence whether or not you are hired for a job, or are allowed to rent a house. Don’t let a misunderstanding or false accusation ruin your future. Don’t stand alone in court – work with an exceptional attorney who will be your advocate in court. We fight to win.
Colorado First Degree Criminal Trespass Statute: 18-4-502
“A person commits the crime of first degree criminal trespass if such person knowingly and unlawfully enters or remains in a dwelling of another or if such person enters any motor vehicle with intent to commit a crime therein. First degree criminal trespass is a class 5 felony.”