Montrose Trespassing Lawyer

Being charged with trespassing can significantly impact your life. As a Montrose trespassing defense attorney, we assist individuals facing criminal trespass charges at all levels. Whether you were accused of entering private property, a vehicle, or an enclosed space, we know the penalties are serious. Trespassing cases can be charged as a petty offense, misdemeanor, or even a felony, which means you could face jail time, large fines, and a permanent record if convicted.

Criminal Trespassing Laws in Colorado

Criminal trespassing is more than just being in the wrong place at the wrong time. Colorado law defines it as entering or staying on someone else’s property without permission. Trespassing can happen on private property, public areas with restricted access, or even in a motor vehicle. The degree of the charge depends on the type of property and your intent when entering.

First-Degree Criminal Trespass

This is the most serious level of trespass. It happens when a person knowingly and unlawfully enters someone’s home or motor vehicle with the intent to commit a crime. First-degree criminal trespass is a class 5 felony.

Penalties for a conviction can include:

• Up to 3 years in prison
• Fines as high as $100,000
• A permanent felony record

A felony conviction can affect your ability to find housing, get a job, or even qualify for certain loans in the future.

Second-Degree Criminal Trespass

This charge applies when someone enters or stays in a place that is fenced or enclosed to keep intruders out, the common areas of an apartment complex or hotel, or another person’s motor vehicle.

Penalties vary depending on the location:

• Class 3 misdemeanor: Up to 6 months in jail and fines up to $750
• Class 2 misdemeanor (for agricultural land): Up to 12 months in jail and fines up to $1,000
• Class 4 felony (if there was intent to commit a felony): Up to 6 years in prison and fines up to $500,000

Third-Degree Criminal Trespass

This is the lowest level of trespass and covers being on someone else’s property without permission. It is usually a class 1 petty offense, but can rise to a misdemeanor or felony if the property is agricultural land and you intended to commit a felony.

Potential penalties include:

• Up to 10 days in jail for petty offense
• Up to 6 months in jail for class 3 misdemeanor
• Up to 5 years in prison for class 5 felony (agricultural land with felony intent)

Consequences Beyond Jail Time

Even if jail time is avoided, a conviction for trespassing can follow you for life. These charges are not eligible for sealing, which means they remain visible on your criminal record. This can make it harder to:

• Get a job, as many employers run background checks
• Be accepted into a college or training program
• Qualify for rental housing
• Hold professional licenses

Our attorneys work to minimize these impacts by challenging the evidence, questioning whether you had criminal intent, and fighting for reduced or dismissed charges when possible.

Why People Choose Us

• We have experience defending felony, misdemeanor, and petty trespassing cases
• We understand how trespassing charges can affect work, school, and housing
• We communicate with clients so they know what to expect at every stage
• We fight for alternatives to jail, including probation and diversion programs when available

What to Do If You Are Charged

If you are arrested or find out there is a warrant for trespassing, do not give a statement to the police until you speak with an attorney. Anything you say can be used in court. Calling us early allows us to start building a defense right away and may help reduce the charges.

Speak With Brent Martin Today

If you are facing trespassing charges anywhere in Montrose, The Martin Law Firm is here to help. We know how stressful this is, and we are ready to fight for your future. Call us today at (970) 730-4354 to schedule a consultation and get answers about your case.