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3rd-Degree Criminal Trespass in Colorado

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Posted By William McAdams | October 25 2024 | Criminal Defense

Facing criminal trespass charges in Colorado can feel overwhelming, especially when you’re unsure about the potential consequences or whether you were actually in the wrong. Whether you wandered onto private property or are facing more serious allegations involving agricultural land, it’s natural to feel anxious about how this charge might affect your future, your reputation, and your freedom.

Fortunately, the right lawyer can help. At McAdams Law Office, we understand how to defend against criminal charges and will do everything possible to protect your rights and fight your charges. Call us today for a free case evaluation with a criminal defense attorney in Greeley.

What is 3rd-Degree Criminal Trespass?

A person commits the crime of third-degree criminal trespass when they enter or stay on someone else’s property without permission. Generally, third-degree trespass is treated as a petty offense, which you might assume is a minor matter. However, you should take any level of offense seriously.

Further, the punishment becomes much more severe when it involves agricultural land. If someone trespasses on farmland or ranch land with the intention of committing a serious crime there, they can face felony charges. Specifically, it’s considered a class 5 felony if the agricultural land has a fence around its perimeter. If the land doesn’t have a fence, it’s treated as a class 6 felony.

Penalties for 3rd-Degree Criminal Trespass

The penalties for 3rd-degree criminal trespass in Colorado can vary depending on the circumstances of the case. As mentioned earlier, it is generally treated as a petty offense, punishable by a fine of up to $300 and 10 days in jail.

However, if it is charged as a class 6 felony, a court could impose a sentence of between 18 months and fines of between $1,000 and $100,000. If it is charged as a class 5 felony, the potential jail time goes up to three years.

Defenses to 3rd-Degree Criminal Trespass Charges

When facing 3rd-degree criminal trespass charges, you need a strong defense strategy. There are several potential defenses that an experienced criminal defense attorney can potentially raise, depending on the specifics of your case. Some common defenses include:

  • Lack of intent to commit a crime
  • Consent to enter the property
  • Mistaken identity
  • The person who claims to own the property does not own it, or ownership is otherwise in dispute

A lawyer familiar with Colorado law and criminal defense procedure can evaluate your case and figure out if any defenses apply. If they do not, your attorney can try to negotiate a favorable plea bargain with the prosecutor handling your case. In some cases, a successful plea bargain can avoid jail time and result in a period of probation.

Contact a Greeley Criminal Defense Attorney Today

If you are accused of 3rd-degree criminal trespass in Greeley, Colorado, you should call our office today. At McAdams Law Office, our attorneys, Bill McAdams and Johnathan Stein, have over 20 years of legal experience and can provide you with the solid defense representation needed to protect your rights.

Don’t face criminal charges alone. Contact McAdams Law Office today at (970) 353-0000 or online today.

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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.