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.
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Trespassing is a common offense that occurs when an individual unlawfully enters or remains on another person’s property without permission. In Denver, trespassing can occur on both public and private property, but there are distinct differences in how these cases are handled under the law. Understanding these differences, including the legal standards, potential consequences, and defense strategies, is essential for individuals facing trespassing charges in Denver.