Legal Question in Criminal Law in Colorado

"You were on his property therefore it is trespassing" Is that a true statement? (Colorado)
CRS 18-4-201 provides the definition for "unlawful entry;" 18-4-504 is Third Degree Criminal Trespass. I have been charged. This is "unimproved land." I don't believe I was ever off my property; the neighbor has a few old survey posts but it is difficult/impossible to tell exactly where the property line is. My attorney insists, but will not explain, the unimproved land clause basically doesn't exist--you need permission or be invited. I don't understand. I am accused of being ONE FOOT on a neighbors property (mountainous, unclear, unfenced, no warning/notification).

Asked on 8/21/13, 6:01 pm

Damon Cassens Waters, Kubik, and Cassens

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That, in essence, is a correct statement.

However, where the property line lacks clear delineation, the state must prove you were actually on someone else's land.

Answered on 8/22/13, 6:12 am

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