First degree criminal trespass in Colorado

What the charge means

First degree criminal trespass is defined in C.R.S. 18-4-502. There are two ways to commit it, and prosecutors must prove one of them beyond a reasonable doubt:

• Dwelling trespass. You knowingly and unlawfully entered or remained in another person's dwelling. A dwelling is a place used or intended for living, such as a house or apartment. No intent to commit any other crime is required for this version.
• Vehicle trespass. You entered a motor vehicle with intent to commit a crime inside it, such as stealing items from the car.

Common scenarios include walking into an ex-partner's home after being told to stay away, refusing to leave a residence when permission is revoked, and car break-in cases. The line between this charge and burglary matters: burglary of a dwelling requires proof that the person intended to commit another crime inside. When prosecutors cannot prove that intent, trespass is the correct charge, and the difference in exposure is enormous.

Classification and sentencing

Both versions start as a class 1 misdemeanor. If the court imposes jail, the maximum is 364 days, with a fine of up to $1,000.

Dwelling trespass becomes a class 6 felony when the dwelling is inhabited or occupied, meaning it is someone's home rather than a vacant structure. If the court imposes prison for a class 6 felony, the presumptive range is 12 to 18 months, followed by 1 year of mandatory parole, with a possible fine of $1,000 to $100,000.

Neither level carries mandatory incarceration. Probation and other non-jail sentences are often available, and the ranges above describe only what applies if the court orders jail or prison.

One enhancer to know: when the alleged trespass involves a current or former intimate partner, prosecutors commonly add a domestic violence designation. That label brings a mandatory protection order, firearm relinquishment while the case is pending, and treatment requirements on conviction.

What else it touches

Consequences beyond the sentence can include:

• Firearms. A class 6 felony conviction triggers the state and federal firearm ban. The misdemeanor version does not, but a domestic violence designation carries its own federal firearm consequences.
• Immigration. Trespass tied to an intent to steal, or tagged as domestic violence, can create real immigration risk for a noncitizen.
• Record sealing. Dismissed or acquitted charges can usually be sealed right away. A class 1 misdemeanor conviction generally waits 3 years for sealing eligibility, and a domestic violence label can block sealing of a conviction.
• Housing. Landlords screen for trespass and burglary history closely.

We defend trespass charges as part of our Colorado criminal defense practice. A free consultation is the place to get answers about a specific situation, and we return calls and emails the same business day.