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Criminal Trespass

While it might seem like harmless fun, trespassing onto someone else’s property can yield serious consequences in Colorado. Depending on the circumstances of the crime, a person accused of criminal trespass could face a misdemeanor or even a felony. That means time in prison and steep fines that could drain your pockets. If you have been charged with criminal trespass, we urge you to get in contact with an experienced criminal trespass defense attorney in Colorado Springs, Colorado.

The attorneys at the Law Offices of Clifton Black can assess your case and determine what the best possible defense route is. They can undermine incriminating evidence, write effective and persuasive motions, and call the right witnesses to the stand to support their argument. Don’t wait another moment to start building a defense that could save you from prison. If you or someone you know has been charged with criminal trespass, it’s important you seek trusted legal representation.

Colorado Springs Attorney for Trespassing in CO

Your intentions while trespassing may have been harmless, but that won’t stop the state of Colorado from prosecuting you to the fullest extent of the law. If you or someone you know has been charged with trespassing, you should seek an experienced property crimes lawyer who has extensive case law practice with trespassing crimes.

The attorneys at Law Offices of Clifton Black, PC have decades of knowledge they can utilize for your case. They have a special focus on criminal defense cases and have represented numerous people accused of property crimes such as criminal mischief or criminal trespassing. Their in-depth knowledge of property laws and the Colorado Criminal Code will give you the edge you need in the courtroom to reduce or dismiss your charges.

Get in contact with the attorneys at Law Offices of Clifton Black, PC by calling (719) 328-1616. We will schedule your first consultation with an experienced criminal trespass defense attorney in Colorado Springs to discuss the details of your case.

Overview of Criminal Trespass Laws in CO:


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What Are the Penalties for Criminal Trespass in Colorado?

Before going into the penalties, it’s important to understand the definition of “premises” in the context of criminal trespass. The term premises under the Colorado Revised Statutes (C.R.S) Section 18-4-504.5 defines premises as any property, building, and other improvements thereon, as well as the steam banks and beds of any non-navigable freshwater streams flowing through such real property. That means that simply fishing on another person’s property could lead to criminal charges.

The penalties for criminal trespass rely on where the crime was committed and the circumstances of the case. The court will consider you guilty of third-degree criminal trespass if you unlawfully enter or remain in or upon the premises belonging to another person. A conviction for third-degree criminal trespass could result in a class 1 petty offense, which can result in up to 6 months in jail and a fine of no more than $500.

However, the crime could be reclassified to 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. If you’re charged with a class 3 misdemeanor, you will instead face the following penalties:

  • Up to 6 months in jail; and
  • A fine of up to $750

If you trespassed on agricultural land with the intent to commit a felony, then your charges will be reclassified to a class 5 felony. The maximum sentence you can receive for a class 5 felony includes the following:

  • Up 3 years in prison; and
  • A fine of up to $750,000

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What Are the Penalties for Second or Third-Degree Criminal Trespass?

The penalties for criminal trespass could be enhanced if certain facts are proven true at trial. The Colorado Revised Statutes state you’re guilty of second-degree criminal trespass if you did any of the following:

  • Unlawfully entered or remained on another person’s premises which were enclosed in a manner to exclude any intruders such as a fence;
  • Intentionally and unlawfully enter or remain in the common areas of a hotel, motel, condominium, or apartment building; or
  • Knowingly and illegally enters or remains in another person’s vehicle

Without aggravating factors, second-degree criminal trespass is a class 3 misdemeanor. The maximum punishment a person can receive for a class 3 misdemeanor includes:

  • Up to 6 months in jail; and
  • And a fine of up to $750

The crime will instead be charged as a class 2 misdemeanor if it’s proven in court that the land trespassed was agricultural. The maximum sentence a person can receive for a class 2 misdemeanor includes:

  • Up to 364 days in jail; and
  • A fine of up to $1,000

If your intention while trespassing was to commit a felony on agricultural land, then you’ll instead face a class 4 felony. The penalties for a class 4 felony include:

  • Up to 6 years in prison; and
  • A fine of up to $500,000

First-degree criminal trespass is the highest charge a person can receive for entering another’s premises without their permission. Colorado law states a person can be charged with first-degree criminal trespass if they knowingly or unlawfully enter or remain in the dwelling of another person or if they enter a motor vehicle intending to commit a crime.

First-degree criminal trespass is a class 5 felony which can result in:

  • Up to 3 years in prison; and
  • A fine of up to $100,000

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Additional Resources

Criminal Trespass Laws in Colorado – Visit the official website for the Colorado Revised Statutes (C.R.S.) to learn more about their trespassing laws. Access the site to learn the elements of the crime, possible penalties upon conviction, aggravating factors, and other relevant information.


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Criminal Trespass Defense Attorney in Colorado Springs, CO

Have you been arrested for trespassing? If so, we urge you to get in contact with the attorneys at Law Offices of Clifton Black, PC. Our Colorado Springs criminal trespass defense attorneys have years of practice under their belt building creative, effective, and aggressive defenses for their clients. We want to provide the best legal service and representation possible and will work tirelessly to complete this goal. With the Law Offices of Clifton Black, PC, you can rest assured an attorney is always working diligently on your case, so it’s reduced or dismissed altogether.

Contact the attorneys at Law Offices of Clifton Black, PC at (719) 328-1616 to set up your first consultation. We accept clients throughout the greater El Paso County area and other neighboring counties including Fremont County, Pueblo County, and Douglas County.


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