Legal Question in Criminal Law in Colorado

Trespassing

I had a fight with my girl friend and decided to go to my parent's home. They live about a mile from her. It was the middle of the night and I was out of it and accidently went through an open door into a neighbor's home. He woke up and confronted me. I immediately told him my name, apologized for the mistake and left. He called the Police and since they had my name they went to my parent's home and wrote me a ticket for unlawful entry. What kind of exposure do I have on this? What could the judge give me for this?


Asked on 7/18/08, 11:55 am

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

Re: Trespassing

trespass can be charged in several different ways, including as a felony. It sounds like it is not a felony since they just gave you a ticket.

The felony requires that you "knowingly" go into a house etc. I think that this does not fit bc you made a mistake and immediately corrected it.

There is a misdemeanor that does not require knowingly, but just that you unlawfully enter or remain on property. This may fit. But, if your neighbor ever allowed you into his house, and did not tell you to leave and never come back, then there is a defense. The unlawful part may also provide a defense.

You could get jail of up to 90 days for the misdemeanor, but likely probation. The felony is up to 3 years in prison plus 2 years parole, but likely probation.

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Answered on 7/18/08, 2:48 pm


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