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1st-Degree Criminal Trespass in Colorado

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Posted By William McAdams | October 25 2024 | Criminal Defense

1st-Degree Criminal Trespass in Colorado

1st-degree criminal trespass convictions in Colorado can have serious consequences, including potential jail time and costly fines. Additionally, a conviction can go on your record and affect your life for years to come, making it hard to get a job, get into college, or even rent an apartment.

If you are charged with 1st-degree criminal trespass, you should contact a Greeley criminal defense lawyer immediately to protect your rights and explore all possible defense strategies. McAdams Law Office handles these serious criminal cases, so never delay in consulting our team about your defense today.

What is 1st-Degree Criminal Trespass?

First-degree criminal trespass can happen in two main ways. First, when someone knowingly enters or stays in another person’s home without permission. Second, when someone enters any vehicle planning to commit a crime inside it.

The punishment for a conviction depends on the situation. If someone enters an empty home illegally, it’s usually treated as a less serious offense, called a class 1 misdemeanor. However, if people are living in or using the home at the time, it becomes a more serious crime, a class 6 felony. Entering a vehicle to commit a crime is a class 1 misdemeanor in Colorado.

Penalties for 1st-Degree Criminal Trespass

The penalties for 1st-degree criminal trespass in Colorado depend on the circumstances in which the offense is committed.

  • If the trespass is committed in any other circumstance, such as entering a motor vehicle to commit a crime, it is a class 1 misdemeanor. Under Colorado law, a class 1 misdemeanor can result in up to 364 days in jail and a fine of up to $1,000.
  • If the trespass is committed in a dwelling that is inhabited or occupied, it is a class 6 felony. A class 6 felony can result in imprisonment of one year to 18 months and fines of $1,000 to $100,000.

Defenses to 1st-Degree Criminal Trespass

If you are facing allegations of 1st-degree criminal trespass, there are several defenses that may apply to your case. Some of the most common include:

Lack of intent

Proving that the defendant did not have the intention to commit a crime upon entry or remaining on the property can be a strong defense strategy. This could involve showing that the defendant had permission to be on the property or did not have the necessary knowledge or intent required for the offense.

Unlawful search and seizure

If evidence was obtained through an illegal search and seizure, it may be possible to have that evidence suppressed in court. This defense focuses on protecting the defendant’s Fourth Amendment rights against unreasonable searches and seizures.

Consent

If you had the owner’s consent to enter or remain on the property, it can be a strong defense against charges of criminal trespass. This defense relies on proving that the defendant had permission to be on the premises.

Why You Should Seek Legal Help from McAdams Law Office

Facing charges of 1st-degree criminal trespass in Colorado is a serious matter that can result in life-changing consequences. Bill McAdams, one of the firm’s attorneys, is a former Colorado prosecutor, giving him insight into what the other side is thinking. With over 20 years of legal experience on both sides of the courtroom, the attorneys at McAdams Law Office are well-equipped to handle your case.

By seeking legal help from McAdams Law Office, you can benefit from our knowledge of Colorado criminal law and our dedication to providing clients with effective legal representation. Our attorneys will work tirelessly to investigate the circumstances surrounding your case, build a strong defense strategy, and protect your rights and interests throughout the legal process.

Call a Greeley Criminal Defense Lawyer Today

Don’t leave your future to chance. If you are accused of criminal trespass or any other criminal offense, call McAdams Law Office at 970-353-0000 or contact us online to schedule a free case evaluation with a criminal defense lawyer in Greeley.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.