Arrested for Criminal Trespassing?

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Trespassing Attorney in Colorado Springs

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Criminal Trespass Charges and Defense

One of the more common charges used by law enforcement is criminal trespass. The crime of criminal trespass, as with most crimes, has various levels. This page deals with the most common form of first-degree criminal trespass. If you are charged with criminal trespass, it is important that you do not attempt to handle this charge on your own. A knowledgeable Colorado Springs criminal defense attorney is your best option. Trying to work through the legal system on your own, without a lawyer, is similar to trying to drive a car at high speeds, through thick fog. It’s not safe and it’s definitely not smart.

First Degree Criminal Trespass is defined in Colorado Revised Statute 18-4-502.

A person commits the crime of first degree criminal trespass if such person knowingly and unlawfully enters or remains in a dwelling of another or if such person enters any motor vehicle with intent to commit a crime therein. First degree criminal trespass is a class 5 felony.

A class 5 felony carries with it a possible prison sentence of between one to three years and significant fines. In addition to the legal penalties, it carries with it the problems that come with being a felon, which include; trouble finding employment, difficulty renting a house or apartment, and losing the right to possess a weapon, even for hunting purposes.

As in all crimes, it has several phrases and words that go beyond the typical meanings normally attached to those words. For example, dwelling of another is a broad term which can mean house, trailer, tent, or other living quarters. Typically, this kind of charge is filed in a domestic violence situation. The following is a fact pattern typically seen in trespassing cases.

A person (defendant) goes over to their significant other’s (victim) house or apartment. Often, the home belongs to an ex-spouse or ex-girlfriend/boyfriend. Some sort of disagreement occurs. The defendant and the victim begin to fight, either verbally or physically. The victim tells the defendant to leave. The defendant continues to argue or fight, not immediately leaving. The argument can be over a child, property, or simply words. Regardless of the reason, when law enforcement arrives, the defendant will often be charged for unlawfully remaining in the “dwelling of another”.

While this fact pattern may seem complicated, charges may be filed when a defendant simply wants to say good-night to his child living in the victim’s home. The victim tells the defendant “no” and shuts the door on the defendant. The defendant might put his foot in the door and say “I just want to say goodnight”. The victim calls the police and the defendant may be charged with first degree criminal trespass because technically his actions violated the statute.

Often I hear defendants say that they are confident that if they just explain everything to the prosecutor, the prosecutor will simply see things their way and dismiss the case. This is almost always not the case. If your side of the story was so compelling then the police would not have arrested you or filed charges against you. The prosecutor is usually going to support the police in their decision to charge you with a crime.

What you need if you have been charged with a crime is an experienced guide who will walk you through the legal process. You need a criminal defense lawyer who will review the police reports, interview witnesses, and fight for you. A lawyer fights for you by making sure that the prosecutor is held to their burden of proof and that they prove the case. Often times, the prosecutor cannot prove a case, but they will not tell you that information. They will offer you a plea bargain and hope you do not hire an attorney who will make sure you are protected.

If you find yourself in trouble, call James Newby. He will make sure you are protected and that you have someone on your side.

What are the consequences if I’m convicted? Can I go to jail?

What will it cost to fight the charges? Fines? Legal fees? 

Can I get the charges reduced or dropped?

Your fight for freedom starts now!


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{After a long eight-month legal process my case ended in dismissal, which is all thanks to Spencer Slater. I am forever indebted to Spencer for his hard work and dedication toward my case. I can now move on to the next chapter of my life. Thank you for all your help!
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Get your criminal charges reduced or dropped!

Your best chance of a positive outcome in a criminal case is to work with a team of top-rated criminal defense attorneys in Colorado Springs. James Newby leads that team of experienced and accomplished criminal and DUI defense lawyers.

Life can hit you hard sometimes.

Let’s be honest, we all make mistakes. No one wants to get arrested and face criminal charges. What do you do when that happens?  Hiring a good criminal defense attorney is the best decision you can make to protect your freedom.

Rest assured.

As a trusted ally, we’ve got your back. You will be able to relax knowing you have the best Colorado Springs defense attorneys in your corner.

Frequently Asked Questions

What kind of lawyer do I need to fight trespassing charges?

You need to work with a criminal defense attorney to represent you if you are charged with criminal trespassing. 

How much does a criminal defense attorney cost?

Every criminal case is different. Some can be resolved fairly quickly while others may go all the way through a jury trial and beyond. While it is difficult to say how much a criminal attorney will cost in your particular case, our focus on your protecting your freedom extends to providing exceptional criminal defense representation at a reasonable price.

Schedule a free consultation.

Do I need a lawyer for trespassing in Colorado?

A trespassing conviction in Colorado and include stiff penalties.  With so much on the line, you want to do everything possible to protect your freedom. The single best thing you can do is work with the best trespassing attorney you can find.

Meet Our Attorneys

James Newby

Managing Attorney

I got into law because of a deep-rooted passion for helping good people that may have made a poor choice that could have lasting consequences. 

Josh Lindley

Criminal Defense Attorney

I'm passionate about personal rights and freedom. I chose a career in criminal defense to help people get a fair shot at defending their freedom.

Spencer Slater

Criminal Defense Attorney

I believe people charged with a crime deserve an expert on their side. I chose criminal defense to advocate for those not able to speak for themselves.


Don’t Let a Trespassing Conviction Ruin Your Life

Unless you are willing to accept the maximum penalties for a trespassing conviction, it is in your best interests to hire a qualified trespassing defense attorney in Colorado Springs to guide you through the system.

I know from being on both sides of trespassing cases that no matter how grim a situation may look, no matter how much it may seem that prosecutors have you dead to rights, there are almost always ways to fight the charges.

A local trespassing defense lawyer knows how to challenge your trespassing charges, including the pursuit of case dismissal, plea bargain negotiations, and trying the case in court.

The smartest thing you can do right now is to speak to a criminal defense lawyer in Colorado Springs. The call and initial consultation are free so you have nothing to lose.  Schedule the call now.