A lawyer serving Denver is capable of defending against different kinds of trespassing charges. If you or a loved one has been charged with trespassing, it is important to remember that these are serious criminal cases. You need an attorney who will aggressively defend you against such charges. Keep reading to learn about the three levels of trespassing charges, including first degree, second degree, and third degree trespassing.
As a criminal defense attorney advises clients, first degree trespassing is a felony. In criminal law, a felony is the most serious charge and carries the most potential prison time. A prosecutor can charge first degree trespass if he or shebelieves you have knowingly and unlawfully entered or remained in another person’s home. For first degree trespass to be charged, a defendant must actually enter another’s dwelling and not simply intrude onto the larger property. First Degree Criminal Trespass can also occur if a person enters into the motor vehicle of another person, with the intent to commit a theft therein.
Second degree trespassing occurs if a person unlawfully enters upon another’s enclosed or fenced in property. Second degree trespass can also be charged if you are suspected of having unlawfully entered or remained in the common area of a hotel, motel, condo, or apartment building. In criminal law, second degree trespass is generally considered to be a class 3 misdemeanor crime. However, second degree trespass can be classified as a felony under certain circumstances, such as if the defendant trespasses with the intent of committing a felony on state agricultural lands.
Third degree trespassing is the least severe of all trespassing charges. However, it is still a serious crime, and you still need a criminal defense attorney to prevent you from having a criminal record, paying fines, and facing jail time. Third degree trespassing is a class 1 petty offense. It occurs if a person unlawfully enters or remains upon another’s property. Third degree trespass is generally charged when the individual does not pose a serious threat and knows the individual whose property he is intruding upon.