Greeley Trespassing Criminal Defense Lawyer

The Greeley trespassing defense attorney at McAdams Law Office has held the state and federal justice systems accountable for over two decades. Wrongfully accused Coloradans can trust our firm’s advice, strategies, and resources when they need a champion on their side.

Our legal will put your mind at ease from the outset of your case and execute every viable opportunity to get your charges dropped, dismissed, or beat at trial.

No matter what you face, put a formidable and steadfast group on your side to achieve the results you deserve. Call us now for your Free Consultation by calling (970) 353-0000 or sending a private message here.

Is Trespassing a Serious Crime?

Trespassing may not sound like a serious crime, but you will likely think differently once you understand the potential consequences that come with a conviction. While it may not carry the same weight as other crimes, like robbery or assault, trespassing charges can still have a significant impact on your life.

One of the reasons why trespassing should not be taken lightly is because it is considered a criminal offense. This means that if you are convicted, it will go on your criminal record. Having a criminal record can limit your opportunities in many aspects of life, from employment to housing and even obtaining loans.

Additionally, trespassing charges can come with costly fines, probation, and even jail time, depending on the circumstances. While the penalties may vary based on the severity of the offense and any previous criminal history, even a minor trespassing charge can have long-lasting consequences.

To properly address and protect yourself in these situations, immediately seek the guidance and representation of an experienced Colorado criminal defense lawyer following an arrest. They can evaluate the details of your allegations and formulate a strong defense strategy tailored to your specific circumstances.

Remember, a trespassing charge may not seem serious at first, but you must take it seriously and seek professional legal assistance to protect your future.

How Is Trespassing Defined Under Colorado Law?

In Colorado, a person commits trespassing when they unlawfully enter or remain on someone else’s property without permission. This includes both public and private property, such as homes, businesses, and even open land.

There are three main elements of a trespassing offense that a prosecutor must prove beyond a reasonable doubt to secure a conviction:

• First, unauthorized entry or remaining on another person’s property refers to accessing or staying on someone else’s land without their consent. This includes entering private property, such as someone’s house or fenced yard, without permission. It is also important to note that this element applies to both intentionally and mistakenly entering the property without permission.
• Second, knowledge of lack of permission emphasizes that the defendant must be aware that they do not have consent to be on the property. In other words, if the person genuinely believes they have permission to enter or remain on the property, they may not be convicted of trespassing. However, intentionally disregarding posted signs or explicit verbal instructions regarding restricted access can weigh heavily against the defendant.
• Third, intent to commit a crime means that the individual must have entered or remained on the property with the purpose of committing a crime, such as theft or vandalism. While intent can be proven through actions or statements made at the time of the incident, it is not a necessary element for the charge if the other two elements are proven.

The severity of a trespassing charge in Colorado depends on various factors, including the intent of the individual and whether they caused any damage or harm while on the property. Generally, trespassing is considered a misdemeanor offense, which can result in fines and, in some cases, jail time.

Common Trespassing Charges in Colorado

There are different types of trespassing charges that can be filed in Colorado. Here are a few common examples:

• First-Degree Criminal Trespass: This charge applies when an individual knowingly and unlawfully enters or remains on someone else’s property, knowing that they are not authorized to do so, and their intent is to commit a crime on the property.
• Second-Degree Criminal Trespass: This charge applies when an individual knowingly and unlawfully enters or remains on someone else’s property without their permission.
• Third-Degree Criminal Trespass: This charge applies when an individual unlawfully enters or remains on the agricultural land of another person.
• Trespassing on Railroad Property: This charge applies when an individual knowingly enters or remains on railroad property without permission.

Different Defense Strategies for Trespassing Charges

If you have been arrested, you are likely wondering how to beat a trespassing charge. Here are some of the defense strategies that an experienced Colorado criminal defense lawyer can employ on your behalf:

• Lack of Intent: Your defense attorney may argue that you did not have the intent to commit a crime or cause harm when you entered or remained on the property. Establishing that you had no criminal intent can strengthen your defense.
• Permission: If you had permission to enter or remain on the property, it is important to gather evidence and witnesses to support this claim. Your attorney can present this evidence to challenge the prosecution’s case.
• Mistaken Identity: If there is a possibility of mistaken identity, your attorney can investigate and present evidence that proves you were not the person who committed the alleged trespassing offense.
• Procedural Errors: Your attorney will carefully review the details of your case to determine if there were any procedural errors or violations of your rights during the arrest or investigation. If any errors are found, they can be used to strengthen your defense.

What Are the Penalties for Being Charged and Found Guilty of Criminal Trespass?

The penalties for trespassing charges in Colorado vary depending on the degree of the offense and other factors. Here are some potential penalties, depending on the level of charge you face:

• Class 5 felony, which can result in a prison sentence of up to 3 years and/or a fine of up to $100,000.
• Class 3 misdemeanor, which can result in a jail sentence of up to 6 months and/or a fine of up to $750.
• Class 1 petty offense, which can result in a fine of up to $500.
• Class 2 misdemeanor, which can result in a jail sentence of up to 1 year and/or a fine of up to $1,000.

It is important to note that these penalties can be enhanced if you have previous convictions or if aggravating factors are present.

The Difference Between Trespass and Criminal Trespass

Trespass can be classified as either a civil or criminal matter, with key differences in how each is addressed. Civil trespass is a tort, allowing a landowner to seek compensation for unauthorized entry onto their property. In contrast, criminal trespass is a criminal offense pursued by the state, which seeks to penalize the defendant rather than secure damages. Criminal trespassing penalties can include fines, community service, probation, or imprisonment, depending on the severity of the offense. Learn more here.

Call McAdams Law Office to Defend Against Your Trespassing Charge

Wondering how to beat a trespassing charge? Your first step should be to always have an experienced Colorado criminal defense lawyer handling your case. McAdams Law Office can carefully analyze the specific details of your case, develop a strong defense strategy, and fight for your future.

Don’t face a trespassing charge alone. Contact McAdams Law Office at 970-353-0000 today to schedule a consultation.

Our Greeley Trespassing Criminal Defense Lawyer Defends Your Charges

Although you may have had no intention of causing harm, State of Colorado prosecutors and law enforcement may say otherwise. If they believe you committed a trespassing crime, they will hold you accountable to the fullest extent of the law.

However, it is essential to remember that you are innocent until proven guilty, and your charges are defensible.

The Greeley trespassing defense attorney at McAdams Law Office defends the following types of criminal charges in Colorado:

• First-degree criminal trespassing (CRS § 18-4-502): First-degree criminal trespassing charges mean that the state believes you entered or retained a residence or motor vehicle without the owner’s permission. Penalties include up to 18 months imprisonment, $100,000 in fines, and one-year mandatory parole.
• Second-degree criminal trespassing (CRS § 18-4-503): Second-degree criminal trespass is less severe than a first-degree charge. The law defines this crime as where you allegedly entered a non-residential property that is closed off to the public. Penalties include up to 120 days in jail and $750 in fines.
• Third-degree criminal trespassing (CRS § 18-4-504). Third-degree criminal trespass is the least severe of these charges but still carries severe penalties. This type of crime is when someone enters a property and remains there after being asked to leave. Penalties include up to ten days in jail and $300 in fines.

Timing is an essential element of any criminal defense strategy. While every case is different, you may have more options available to protect your rights if you learn about them sooner rather than later. Get in touch with the Greeley trespassing defense lawyer on our legal team to find out how we could help you.

McAdams Law Office Also Protects People Accused of Burglary

Burglary and criminal trespassing are related crimes that both carry serious consequences. However, the difference between them is what can take a petty offense and turn it into a felony.

At McAdams Law Office, we have represented those charged with serious crimes for over a decade.

We know the laws, and as a former Colorado prosecutor, our Greeley trespassing lawyer knows the general tactics of the opposing side. We will ensure that any charges you may face are legitimate and warranted while helping you pursue the ideal outcome regardless of charges.

¨We’re not just a business in Weld County; we’re a part of the community. Living and working here, we’re dedicated to supporting the people of Greeley. Our office is right by the courthouse, deep in the heart of the local legal scene. With over 140 jury trials in 20 years, our experienced attorneys understand that everyone deserves respect and a strong defense, no matter the situation¨

William McAdams

The Difference Between Felony And Misdemeanor Burglary

The difference between trespassing and burglary is intent. Trespassing is unlawfully entering a property, whereas burglary is unlawfully entering a property intending to commit a crime. That is the difference between a misdemeanor and a felony. In contrast, It is often assumed that the intended crime in a burglary is theft.

However, that is not always the case. It could include any crime, such as assault.

There are different degrees of burglary, and the corresponding penalties vary depending on the degree. These include:

• First-degree burglary: Up to 12 years and $750,000 in fines
• Second-degree burglary: Up to six years and $500,000 in fines
• Third-degree burglary: Up to three years and $100,000 in fines

There are also professional and social consequences of a burglary conviction that can follow you for the rest of your life. If prosecutors cannot prove their case against you, they should not be able to secure a conviction. Hire a Greeley trespassing defense attorney at McAdams Law Office to hold the system accountable.

Your Trespassing Charges Are Defensible

Depending upon the facts of your case, your Greeley trespassing lawyer may utilize the following defenses to beat your charges:

• You had a right to be on the property
• You were not aware the property was private or agricultural
• You had no intention of committing a crime
• You did not enter a dwelling
• Police have the wrong person
• You have an alibi
• Police violated your civil rights
• Other personalized, viable defenses

It is easy to feel like everyone is already treating you like you are guilty. However, it is essential to remember that no one has yet heard your side of the story. Hire a trespassing defense lawyer in Greeley to assert your rights and clear your name.

The Knowledge And Experience Necessary To Defend Your Rights

If you have been accused of trespassing, it is essential to have an experienced and assertive attorney on your side. With an in-depth knowledge of the law and the practices of prosecutors, a seasoned Greeley trespassing defense attorney can help get charges reduced by removing the element of intent.

Our law firm will help you pursue the right strategy for your situation, whether it is through evidence or arguments. You can count on us to stand by your side throughout the legal process.

Get a Free Consultation with McAdams Law Office Now

If you have been charged with trespassing, call us today for a Free Consultation at (970) 353-0000. If you prefer to email us, you can reach us through our online form. We can set up a time to discuss your case and your options.