There is a fine line between being protective and Stalking someone you care about in Castle Rock, Highlands Ranch, and Parker. A Fort Carson stepfather was recently convicted of First Degree Trespassing after being accused of Stalking his 32-year-old stepdaughter. It was alleged that he was pursuing a romantic relationship with her and would follow her in his car, break into her house, and took over 1,200 photographs of her belongings. He was never charged with Stalking, but was found guilty of Trespassing and received a 4-year sentence to probation.

Douglas County First Degree Criminal Trespass: What is the Definition of 1^st Degree Trespassing?

The Douglas County, Colorado law definition of First Degree Criminal Trespass – C.R.S. 18-4-502 – is:

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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.”

The important term in this statute is dwelling. Dwelling means:

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building which is used, intended to be used, or usually used by a person for habitation.”

Breaking into someone’s apartment would meet the criteria for 1^st Degree Trespass. If he had committed another crime inside the dwelling, then it would have been charged as 2^nd Degree Burglary.

First Degree Criminal Trespassing Charges in Parker and Highlands Ranch

First Degree Criminal Trespass is a class 5 felony, which is punishable by 1 to 3 years in the Colorado Department of Corrections (DOC) and up to $100,000 in fines. When the judge sentenced the man above, he gave him a longer sentence to probation, saying that he would have more supervision this way. With good time, he would likely only do 18 months in DOC with 1 year of parole – which he would also earn good time on. Under the probation sentence, he could be moved to unsupervised or even terminated early if he completed all his requirements and probation supports it, or he can stay on supervision the entire 4 years.

If you or a loved one has been charged with First Degree Trespassing in Castle Rock or Douglas County, be smart, exercise your right to remain silent, and contact the best Trespass defense attorneys from the O’Malley Law Office at 303-265-1950 today. Together, we can protect your future.  

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