Definitions of Trespassing

First Degree Trespass

First degree trespassing is when you knowingly enter a home owned by someone else without their permission and with criminal intent. First degree trespassing is a class 5 felony. On its own, first degree trespassing can carry penalties of up to 3 years in prison and/or $100,000 in fines. But usually trespassing charges are applied on top of other charges like burglary and theft.

The elements of first degree criminal trespass are:

1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. knowingly, and
4. unlawfully,
5. entered or remained in a dwelling of another.

First Degree Trespass of Motor Vehicle

You may also be charged with first degree trespassing if you enter the vehicle of another person with the intent to commit a crime. Such as if you enter another person’s vehicle in order to steal their purse. The minimum penalty for this class 5 felony is 1 year in prison and/or $1,000 in fines and the maximum being 3 years in prison and/or $100,000 in fines.

The elements of first degree criminal trespass are:

1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. entered any motor vehicle,
4. with intent to commit the crime of [insert name of offense] therein.

Second Degree Criminal Trespass

You may be charged with second degree trespassing if you knowingly and unlawfully entered a fenced in or enclosed property. You could also face these charges if you enter and remain in common areas of a hotel or apartment building without permission. Second degree trespassing is a class 3 misdemeanor and can lead you to face penalties of $500-$5,000 in fines and/or 6-18 months is jail. However, second degree trespassing can become a class 4 felony if you trespassed on agricultural land with criminal intent.

The elements of second degree criminal trespass (enclosed premises) are:

1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. knowingly, and
4. unlawfully,
5. entered or remained,
6. in or upon the premises of another,
7. which were enclosed in a manner designed to exclude intruders or were fenced.
8. and that the defendant’s conduct was not legally authorized by the affirmative defense

Second Degree Criminal Trespass Motor Vehicle

Unlike with first degree trespassing, second degree trespassing of a vehicle does not require criminal intent upon unlawful entry of the vehicle. For example, a homeless person may attempt to find refuge in a stranger’s car. They are not attempting to commit a crime other than unlawfully entering a vehicle without permission. They can be charged with second degree trespassing.

The elements of second degree criminal trespass (motor vehicle) are:

1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. knowingly, and
4. unlawfully,
5. entered or remained,
6.  in a motor vehicle of another.

Third Degree Criminal Trespass

The difference between second and third degree trespassing is largely dependent on whether the area was fenced off or not. For example, if someone hopped a fence in order to enter a park without permission, this is a second degree trespass. But if the park was private property but not fenced off, this could be a case of third degree trespassing. Third degree trespassing is typically a class 1 petty offense unless the land in question was agricultural. The penalties for such a crime include up to 6 months in prison and/or fines of $50-$750.

The elements of third degree criminal trespass are:

1. That the defendant,
2. in the State of Colorado, at or about the date and place charged,
3. knowingly, and
4. unlawfully,
5. entered or remained,
6. in or upon any premises of another.
7. and that the defendant’s conduct was not legally authorized by the affirmative defense

There are several angles experienced lawyers may take when handling your trespassing case. Maybe you did have permission to be on that property and you just need proof. Perhaps you weren’t aware that you were even on private property. Whatever the best approach for your case is, you can have confidence that Chris Ponce will identify it and fight for you to receive the best outcome.

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Chris Ponce

Chris Ponce is a former prosecutor with a stellar conviction record. Chris knows how to dismantle a criminal case, because he spent years building them. Chris is licensed to practice in every county in the State of Colorado. He is also licensed to practice before the Colorado Court of Appeals, and the Colorado Supreme Court.

Email chris@hamptonpigott.comPhone (720) 566-5055

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