Criminal trespass can be in the first, second, or third-degree – and ranges from a class 5 felony to a class 1 petty offense.
First-degree criminal trespass occurs when a person knowingly enters and unlawfully (without legal right to be there) enters another person’s home, or if a person enters someone else’s motor vehicle with intent to commit a crime therein. First-degree criminal trespass is a class 5 felony.
Second-degree criminal trespass occurs when a person either: (1) unlawfully enters or remains in or the premises of another, which are enclosed in a manner designed to exclude intruders or are fenced; or
(2) knowingly and unlawfully enters or remains in the common areas of a hotel, motel, condo, or apartment building; or, (3) knowingly and unlawfully enters or remains in a motor vehicle belonging to another. Second-degree criminal trespass is a class 3 misdemeanor but can be a class 2 misdemeanor if the premises have been designated as agricultural land. If the premises have been designated as agricultural and the accused had intent to commit a felony there, it would be a class 4 felony.
Kimberly Diego has experience defending charges of criminal trespass of varying degrees of severity and does not charge for any initial consultations.
If your partner called the police during an argument and now wants the case dropped, you may assume the two of you can simply explain that to the court and move on. In Colorado, domestic violence cases do not work that way. Once police make an arrest or prosecutors file charges, the case belongs to the state, not the person who made the original report.
When someone is charged with a crime in Colorado, one of the first questions that matters is whether the offense is a felony or a misdemeanor. The difference affects where the case is handled, the possible jail or prison sentence, the amount of fines, and the long-term consequences of a conviction.
In general, misdemeanors are less serious offenses that are usually punishable by county jail time, probation, fines, or other
A bail or bond hearing in Colorado is one of the first major court appearances after a criminal arrest. It determines whether a person will remain in custody while their case moves forward or be released under specific conditions. Although it happens early in the process, the decisions made at this stage can influence the entire direction of the case.
In most situations, this hearing occurs within hours or days