Colorado Criminal Trespass Defense Lawyers

In Colorado, “criminal trespass” is the crime of unlawfully entering or remaining on another’s property, and the seriousness of the offense depends upon the type of property trespassed upon and the trespasser’s state of mind.  There are three degrees of criminal trespass ranging from a class 1 petty offense to a class 4 felony.

First degree criminal trespass, Colo. Rev. Stat. § 18-4-502

A person commits first degree criminal trespass if he or she knowingly and unlawfully enters or remains in another’s dwelling, or if he or she enters any motor vehicle with the intent to commit a crime inside that vehicle.

First degree criminal trespass is a class 5 felony that carries a presumptive minimum sentence of one year of imprisonment and a presumptive maximum sentence of three years.  Under extraordinary aggravating circumstances, a court may impose a sentence of more than three years, and under extraordinary mitigating circumstances, a court may impose a sentence of less than one year.

Second degree criminal trespass, Colo. Rev. Stat. § 18-4-503

A person commits second degree criminal trespass if he or she does any of the following:

• Unlawfully enters or remains in or upon the premises of another which are fenced or otherwise enclosed in a manner designed to exclude others;
• Knowingly and unlawfully enters or remains in the common areas of a hotel, motel, condominium, or apartment building; or
• Knowingly and unlawfully enters or remains in another’s vehicle.

Second degree criminal trespass is generally a class 3 misdemeanor that carries a minimum punishment of a $50 fine, and a maximum punishment of six months of imprisonment, or a $750 fine, or both.  Additionally, if a person is found guilty of second degree criminal trespass for unlawfully entering or remaining in another’s vehicle, his or her drivers license will be revoked.

However, if a person commits second degree criminal trespass on agricultural land, it is a class 2 misdemeanor that carries a minimum punishment of three months of imprisonment, or a $250 fine, or both.  The maximum punishment is twelve months of imprisonment, or a $1,000 fine, or both.  And if a person commits second degree criminal trespass on agricultural land with the intent to commit a felony (regardless of whether he or she actually does commit a felony), it is a class 4 felony that carries a presumptive minimum sentence of two years of imprisonment and a presumptive maximum sentence of six years.  Under extraordinary aggravating circumstances, a court may impose a sentence of more than six years, and under extraordinary mitigating circumstances, a court may impose a sentence of less than two years.

Third degree criminal trespass, Colo. Rev. Stat. § 18-4-504

A person commits third degree criminal trespass if he or she unlawfully enters or remains in or upon premises of another.

Third degree criminal trespass is generally a class 1 petty offense that carries a maximum punishment of a $50 fine, or six months of imprisonment, or both.

However, if a person commits third degree criminal trespass on agricultural land, it is a class 3 misdemeanor that carries a minimum punishment of a $50 fine, and a maximum punishment of six months of imprisonment, or a $750 fine, or both.  And if a person commits second degree criminal trespass on agricultural land with the intent to commit a felony, it is a class 5 felony that carries a presumptive minimum sentence of one year of imprisonment and a presumptive maximum sentence of three years.  Under extraordinary aggravating circumstances, a court may impose a sentence of more than three years, and under extraordinary mitigating circumstances, a court may impose a sentence of less than one year.