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What Does It Mean If You Are Charged With Trespassing?

Being charged with trespassing is a serious crime.  Trespassing is one of the oldest crimes, and over the years the laws have evolved to cover all kinds of trespassing violations. The popular picture of trespassing that the general public possesses is the signpost that you see in cartoons saying "Trespassers will be shot on sight!"

However, in all seriousness, if you have been charged with trespassing, it is imperative that you hire an experienced attorney immediately. There are several means of defending a trespassing charge and all of them require careful case construction that Clawson & Clawson, LLP, attorneys are able to provide.

In Colorado law, there are different kinds of trespass. The court makes several distinctions between trespassing with the intent to commit a crime, whether or not the premises was a dwelling, and whether or not the intent to commit a crime was formed after or before the premises was entered into.

Degrees of Trespassing

You can be charged with a first degree trespass if you unlawfully enter or remain in another person's house. According to Colorado law, if you enter a motor vehicle, then there must also be the added intention to commit a crime.

Second degree trespassing occurs when the defendant enters a non-dwelling premises which has been sealed or fenced off to prevent intruders from entering. This includes areas like hotels and common areas of apartment buildings.

According to Colorado law, a third degree trespassing crime occurs when the premises is neither a dwelling place, nor fenced off.  This type of crime is classified as a class 3 misdemeanor.

Trespass can be easily confused with burglary under certain circumstances. However, they are different crimes.

Penalties For Trespassing

Since First Degree trespassing is treated as a class 5 felony in Colorado, the punishment can be very severe. You can be imprisoned for up to three years, and face a fine of up to $100,000. In addition, you will have a criminal record for the rest of your life. It will be difficult for you to get a job and society as a whole will always see your record and judge you accordingly.

Defending Against A Trespassing Charge

In order to defend your rights and ensure justice, call our Clawson & Clawson, LLP, attorneys now.  Using various legal stratagems, we can attempt to have the charges dropped before going to court.  If the case does go to court, we will fight the prosecution on several counts showing mitigating circumstances. After carefully examining the case, we may find certain conditions that will bring about a much lighter sentence or get the case thrown out completely.

Trespassing is one of those crimes that depend heavily on each individual case, and generally if it can be made out that your intentions were honest and that it was accidental, the courts are lenient.  To do this however, you need experienced attorneys defending you.  Call us today, and let us defend your rights.