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Criminal Trespass

Criminal trespass in Florida can be a very serious crime that can result in fines, jail time, and probation. The charge is defined as knowingly and unlawfully entering or remaining in another person’s dwelling. Criminal trespass also includes entering a motor vehicle with the intent to commit a crime while inside.

If you have been charged with criminal trespass, contact a skilled Denver criminal defense attorney who can review your situation. Let a skilled defense lawyer determine what legal defenses you may have and evaluate which options make the most sense for you.

Denver Criminal Trespass Attorney

If you have been arrested for a property crime such as criminal trespass, it’s important to take your charges seriously. A conviction can have significant consequences and affect the rest of your life. A practiced defense attorney such as Matthew Martin at Law Office of Matthew A. Martin, P.C. has over 26 years of experience in criminal law and can fight to have the charges against you dropped or mitigated.

Law Office of Matthew A. Martin, P.C. accepts clients throughout the greater Denver area including Golden, Lakewood, Broomfield, Boulder, Morrison, Centennial, Englewood, Deer Trail, and Eldora. To schedule your first consultation with Law Office of Matthew A. Martin, P.C., call (303) 725-0017.


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Second-Degree Criminal Trespass

The law labels second-degree criminal trespass much differently, spanning from petty offenses, class 2 misdemeanors, to class 4 felonies.

Petty Offense

Criminal trespass is a petty offense when an individual knowingly and unlawfully enters or remains on another person’s premises that are either fenced or enclosed to exclude others from entering. It can also be a petty offense to enter a hotel, motel, condominium, or apartment when it is improper to do so.

A petty offense can quickly become a class 4 felony if the alleged offender is accused of intending to commit a felony on agricultural land.

Class Two Misdemeanor

Second-degree criminal trespass is a class 2 misdemeanor when an alleged offender knowingly and unlawfully enters or remains in another person’s motor vehicle. This offense is very similar to first-degree criminal trespass. However, unlike first-degree, second-degree does not require intent to commit a felony.


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Third-Degree Criminal Trespass

Unlike first and second-degree criminal trespass charges, the third-degree does not require an alleged offender to know that entry was unlawful. Instead, third-degree only requires unlawfully entering or remaining on someone else’s premises. Usually, third-degree trespass offenses are petty offenses. However, they can quickly become misdemeanors or felonies if agricultural land is involved.


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Penalties for Criminal Trespass in CO

Criminal trespass charges range from petty offenses to felonies. As a result, the penalties can vary considerably. Like most crimes, courts determine penalties by reviewing the criminal history and whether the present charge is a felony, misdemeanor, or petty offense. Penalties can include both jail or prison time and heavy fines.

Depending on the level of crime, courts may impose probation in place of jail or prison. Probation terms have their own set of conditions, including community service, remaining law-abiding, fines, and meeting with a probation officer.


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Defenses for Criminal Trespass in CO

For those accused of criminal trespass, it is important to work with a skilled criminal defense attorney and mount a defense. Defenses for criminal trespass can include:

  • Dwelling – the alleged victim’s place of trespass was not a dwelling;
  • Knowledge – the alleged offender didn’t know it was unlawful to enter or remain;
  • Lawful presence – the alleged offender was lawfully on the property; and
  • Lack of intent – there was no intent to commit a crime on the property.

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Statute Of Limitations

A statute of limitation refers to the time frame a prosecuting attorney can charge someone with a crime. Usually, the time period starts when the offense allegedly occurred. For many crimes, prosecutors lose the opportunity to charge someone with a crime after a certain amount of time has passed. In Colorado, the statute of limitations for all crimes is determined by the type of crime and whether it is a misdemeanor or felony-level crime. For example, when criminal trespass is charged as a misdemeanor, the statute of limitations is 18 months. When charged with a felony, the statute of limitations is three years. If the offense is a petty offense, a prosecutor has six months to file a charge.


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Additional Resources

Colorado Statute Title 18 Article 4 Section 502 Criminal Trespass – This Colorado statute defines First-Degree Criminal Trespass for alleged offenses beginning March 1, 2022.

(Former) Colorado Statute Title 18 Article 4 Section 502 Criminal Trespass – This Colorado statute defines First-Degree Criminal Trespass for alleged offenses prior to March 1, 2022.

Colorado Statute Title 18 Article 4 Section 503 Criminal Trespass – This Colorado statute defines Second-Degree Criminal Trespass for alleged offenses before and after March 1, 2022.

Colorado Statute Title 18 Article 4 Section 504 Criminal Trespass – This Colorado statute defines Third-Degree Criminal Trespass for alleged offenses before and after March 1, 2022.


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Colorado Criminal Trespass Lawyer | Denver, CO

If you have been charged with criminal trespass in Denver, CO, criminal trespass defense lawyer Matthew Martin at Law Office of Matthew A. Martin, P.C. can help you fight the charges. Criminal trespass convictions come with harsh consequences so that is why it’s important to seek the help of an experienced attorney as soon as possible. Contact Law Office of Matthew A. Martin, P.C. to retain skilled legal counsel.

To schedule a free consultation with Law Office of Matthew A. Martin, P.C., call (303) 725-0017. If you reside in Denver, CO or Adams County, Arapahoe County, Douglas County, Broomfield County, or Boulder County, reach out to us today.


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