If you have been accused of trespass, you have the right to fight the charges. An experienced attorney can help. At Pearson & Paris, P.C., we have more than 50 years of combined legal experience that we will use in your defense. Perhaps more importantly, our top criminal defense attorney is a former senior prosecutor who knows how district attorneys handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.
Whether in the Denver area, or anywhere in Colorado, trespass generally occurs where a person knowingly and unlawfully enters or remains in a dwelling of another or if a person enters a motor vehicle with the intent to commit a crime therein.
Possible Consequences For Trespass
A conviction for trespass may result in the following sentencing options for a class five felony to include: (1) probation, with a possible jail sentence as a condition of probation of up to 90 days, or up to a two-year work release sentence as a condition of probation, or (2) a sentence to the department of corrections of one to three years, but as much as six years if the court finds the presence of exceptional circumstances, with a mandatory parole period of two years. There are also trespasses to fenced, unfenced and agricultural land that range from a petty offense to a class 4 felony depending on the manner of the trespass.
Possible Defenses For Trespass
The general approach to defending criminal mischief is to evaluate to what extent a person knowingly entered the premises of another person. We have seen cases where a person who is heavily intoxicated mistakenly enters the wrong house not realizing he is not quite home yet. It would be important to conduct a thorough investigation to prove that the person simply did not knowingly enter a neighbor’s house.
The remaining defenses that may be applied in a trespass case apply with equal force to those that may apply in any other criminal case. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures based on probable cause, a proper warrant and the right to due process in the proper preservation of evidence that may be used against you. Many other defenses are available that rely on scrutinizing and exposing weaknesses in the prosecutor’s case, such as: biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood or urine for forensic testing, incompetent computer evidence, flawed photo lineups, and inaccurate crime scene/accident reconstructions.
It is important that you hire a skilled and experienced trespass lawyer to defend you in a trespass case in Conifer, Jefferson County or across Colorado.