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The Big Picture of Trespassing

One night you’re out drinking with your friends when one of the people in your group decides that it would be such a fun idea if you were to jump the fence of a neighbor’s swimming pool and have some fun in the water. You’re loud, the lights in the house turn on and you’re all too drunk to gather your things to get away in time. The owner of the swimming pool calls the police and you and your friends find yourselves in handcuffs; so what do you do now? You didn’t really think it was such a big deal trespassing into a swimming pool, after all, you’re young, and taking risks is something you thought defined your 20s. Trespassing may not seem serious, but in reality, you can pay hundreds of thousands in penalties and even face a felony. As defense attorneys, we take trespassing very seriously, especially because there are different types of trespassing depending on the crime you committed. If you’ve found yourself facing trespassing charges, then it’s time to do something about it by hiring Roselle & Breitigam, P.C. Our defense attorneys are able to help you fight to protect your rights. Located in Northern Colorado, we’ll represent you effectively.

Learn More About Trespassing Crimes


Legally speaking, trespassing is when you physically go onto someone else’s property when you haven’t been invited onto it. Trespassing is a serious crime and each situation is a little different. If there are signs that say ‘no trespassing’ and you ignore the warning, then that qualifies as breaking the law. If you are familiar with the scenario above and you’ve made your way onto someone else’s yard without an invitation, that’s also considered trespassing. If you own a property you have the right to tell someone to get off of your premises and you have the authority to charge someone with criminal trespassing when you find them unlawfully in your yard or house. What is legal is if a mail person or a police officer are on someone’s property without being invited. They have a job to do after all. In comparison, solicitors, religious fanatics, and salespeople would be trespassing if they are not invited onto the property, especially if you have signs that say ‘no trespassing’ or ‘no soliciting.’ Additionally, invitations to be on a person’s property can always be rescinded and if they are, then you’ll find yourself in a trespassing zone. When you’re not invited onto a person’s property and you’re caught, then you can face serious consequences, which are detailed below.


When you’ve been caught trespassing, then you’ll be arrested and are liable to face a variety of penalties based on the crime you committed. In the State of Colorado, there are a variety of types of penalties you can face for trespassing. There isn’t just one type of trespassing; instead, there are several ways you can trespass onto someone else’s property. Trespassing can be charged as a felony or a misdemeanor depending on the crime. There are two ways to be charged with a felony for a trespassing crime. One is when there is a situation on agricultural lands. The second is if there is an incident that is considered to be the commission of a crime.

Trespassing is a misdemeanor would be these three types of Colorado criminal trespass convictions. The first type of trespass crime is First Degree Criminal Trespass. The First Degree Criminal Trespass is when you unlawfully, knowingly enter onto the property of another person or go into a motor vehicle with the desire to commit a crime. This is a class 5 felony and will result in one to four years in jail or a fine between $1,000 and $100,000.

The second type is Second Degree Criminal Trespass. This misdemeanor is when you enter or stay on the property that is closed off or is fenced in to keep out intruders. Additionally, this crime also includes entering common areas such as an apartment, motor vehicle, condo, hotel, and motel. The penalty for this crime depends. It is a class 3 misdemeanor or a class 2 misdemeanor on agricultural lands. In addition, it can be considered a class 4 felony if the person intends to commit a crime on agricultural land. The penalty for this crime can vary from six months in jail and only $50 fine up to six years in jail with a $500,000 fine.

Lastly, the Third Degree Trespass is when you enter someone’s property unlawfully or remain there after having your invitation rescinded. This is a class 1 petty offense or a class 5 felony depending on whether you are intending to commit a felony on agricultural lands. The penalty for the Third Degree Criminal Trespass is six months in jail or $500 in fines up to three years in jail or $1000,000 in fines.


If you’ve been charged with a trespassing crime, then it’s time that you hire a reliable lawyer to fight for you. The defense attorneys at Roselle & Breitigam, P.C. will help you successfully figure out the best steps for your situation. By defending others against trespassing and similar offenses, we will work to seal your criminal records and protect your rights the best way we know-how. We have the experience and the drive to represent each and every one of our clients to the best of our abilities. If you’re looking for an efficient and reliable lawyer, then it’s time to hire Roselle & Breitigam, P.C. Fill out the form below for more information.