Understanding Your Rights with Trespassing Charges

Facing trespassing charges can be a stressful and confusing experience. Whether you’re accused of a misdemeanor or felony, understanding your rights and the nuances of trespassing laws is crucial. At Right Law Group, we have extensive experience dealing with misdemeanor and felony trespassing cases, and can guide you in navigating trespass charges.

What Constitutes Trespassing?

Trespassing involves entering or staying on someone else’s property without permission. The specifics can vary by jurisdiction, but generally, trespassing is categorized into two main types:

• Criminal Trespass: This occurs when someone enters or remains on property knowing they do not have permission to be there.
• Civil Trespass: This involves unauthorized physical entry onto property which can turn into a lawsuit in civil court. An example of this would be water pollution where a person does something that causes invasive damages to another person’s property. The act that causes the trespass must be intentional, but the person who commits the trespass does not have to intend to trespass for it to be civil trespass.

Understanding these distinctions is vital as they carry different legal consequences.

Legal Consequences of Trespassing

In Colorado, trespassing can be classified as a misdemeanor or a felony, depending on the circumstances and severity of the offense. Here’s a breakdown:

Misdemeanor Trespassing

• First-Degree Trespassing: Involves unlawfully entering or remaining in a dwelling or entering a vehicle with the intent to commit a crime. This is a class 1 misdemeanor.
• Second-Degree Trespassing: Involves unlawfully entering or remaining on enclosed premises like a fenced yard, or in a common area of a hotel, motel, condominium, or apartment building. This is a class 2 misdemeanor.
• Third-Degree Trespassing: Involves unlawfully entering or remaining on premises (not enclosed).  This is usually a petty offense.

Felony Trespassing

Felony trespassing usually involves more severe circumstances, such as trespassing with the intent to commit another crime (e.g., burglary) or causing significant damage to the property. 

The specifics can vary, but such charges carry heavier penalties, including longer prison sentences and steeper fines.

Defending Against Trespassing Charges

If you’re facing trespassing charges, a qualified defense attorney or trespassing defense lawyer can help you build a robust defense. Here are some common defense strategies:

Lack of Intent

One of the key elements of a trespassing charge is intent. If you did not knowingly or intentionally enter the property without permission, you might be able to argue that there was no intent to trespass.

Consent

If you had the property owner’s permission to be on the premises, this can be a strong defense. Proving that you had consent can lead to a dismissal of the charges.

Mistaken Identity

In some cases, the accused might not have been the person who committed the trespass. Evidence such as alibis, witness testimonies, or video footage can help prove mistaken identity.

Necessity

Sometimes, trespassing occurs out of necessity. For instance, if you were seeking shelter from a severe weather event or trying to help someone in danger, this could be a valid defense.

The Role of a Trespassing Lawyer

A trespassing lawyer specializes in defending clients against trespassing charges. Here’s how they can assist you:

Legal Guidance

A trespassing lawyer will explain the charges, potential consequences, and the legal process. They will help you understand your rights and the best course of action.

Evidence Collection

Your attorney will gather evidence to support your defense, such as witness statements, surveillance footage, and any other relevant information.

Negotiation and Representation

A skilled trespass lawyer can negotiate with prosecutors to reduce charges or seek alternative resolutions, such as community service or probation. They will also represent you in court, ensuring your case is presented effectively.

Steps to Take If You’re Charged with Trespassing

If you’re facing trespassing charges, here are some immediate steps to take:

1. Remain Calm: Panicking can lead to hasty decisions.
2. Contact a Defense Attorney: Reach out to a defense attorney or trespassing defense lawyer immediately.
3. Gather Evidence: Collect any evidence that might support your defense, such as communication with the property owner or any witnesses.
4. Avoid Self-Incrimination: Do not discuss your case with anyone other than your lawyer to avoid self-incrimination.

Contact a Trespassing Defense Lawyer Near You

Trespassing charges, whether misdemeanor or felony, can have serious consequences. Understanding your rights and working with a skilled trespassing lawyer is essential to ensuring the best possible outcome. By taking proactive steps and seeking expert legal advice, you can navigate the complexities of trespassing laws and protect your rights effectively.

For more information or legal assistance, contact a trusted defense attorney experienced in handling trespassing charges in Colorado. You can call our firm 24/7 or request an appointment online today. Our service-oriented criminal defense lawyers and trespassing attorneys are ready to help you navigate these charges from one of our offices in Colorado Springs, Castle Rock or Highlands Ranch.