Colorado law takes property-related crimes seriously, so understanding the difference between trespassing and burglary is a must. Though both charges involve unlawful entry, the intent behind and circumstances surrounding the action determine the severity of the offense.
Let’s explore the differences between trespassing and burglary and highlight how a seemingly minor offense can escalate into a more serious crime in the state of Colorado.
Understanding Trespassing in Colorado
Trespassing occurs when an individual enters or remains on someone else’s property without permission. In Colorado, trespassing falls into a few different categories, each of which carries varying penalties.
- Third-Degree Trespassing: This is the least severe form of trespassing. It involves knowingly entering or remaining on someone else’s open property unlawfully. This offense is classified as a petty offense, which is punishable by a fine and/or up to six months in jail.
- Second-Degree Trespassing: This charge involves entering or remaining unlawfully on someone else’s fenced property (or in private storage rooms). It is considered a misdemeanor and can result in more severe penalties than a third-degree charge, including a longer jail sentence.
- First-Degree Trespassing: This is the most serious form of trespassing, which involves unlawful entry into a dwelling or occupied structure. It also applies to unlawful entry into a vehicle with the intent to commit a crime. This charge is classified as a felony and results in significant penalties, including potential prison time.
The determining factor in these charges is the type of property involved. Third-degree trespass focuses solely on the act of entering a space without authorization. Second-degree trespass involves entering a clearly enclosed space, while first-degree trespass involves entering someone’s home or an occupied dwelling.
What Constitutes Burglary in Colorado?
While it still involves unlawful entry, burglary is a more serious offense than trespassing, as it also involves the intent to commit a crime inside. Under Colorado law, burglary is defined as “entering or remaining unlawfully in a building or occupied structure with the intent to commit a crime therein.” The crime intended can be theft, assault, or any other criminal offense.
Colorado law distinguishes between three different degrees of burglary.
- First-Degree Burglary: This most serious form of burglary occurs when someone unlawfully enters an occupied structure with the intent to commit a crime and is armed with a deadly weapon, assaults or threatens someone, or uses force during the crime. First-degree burglary is a Class 3 felony and carries the harshest penalties under Colorado’s burglary laws.
- Second-Degree Burglary: Second-degree burglary occurs when someone unlawfully enters or remains in a building or dwelling with the intent to commit a crime once inside.
- Third-Degree Burglary: This is the least severe form of burglary. It still includes unlawful entry into a property, but specifies the intent to commit a crime involving vaults, safes, cash registers, and the like. It is classified as a Class 5 felony.
The primary difference between burglary and trespassing lies in the intent to commit a crime once inside the property and the type of property involved. Though trespassing charges can include intent, there are a few key differences separating trespassing from burglary.
The Escalation from Trespassing to Burglary
Let’s say an individual enters another person’s unfenced yard without permission, and that’s all they do. Although this person entered onto private property, it was not obviously enclosed, and they did not intend to commit a crime while on the premises, so this would likely be charged as third-degree trespassing.
Let’s say, however, that the yard was clearly fenced, and the individual hopped that fence. The act would then escalate to second-degree trespass. If the individual then entered the home on that property, they would have committed first-degree trespassing.
Burglary comes into play when an individual intends to commit another crime while on the property, often theft or assault. For example, if a person jumps another person’s fence or breaks into their home with the intent to steal property, this counts as burglary. Note that if someone unlawfully enters a building with the intent to steal items, they can be charged with burglary even if they do not successfully steal anything.
Legal Defenses Against Trespassing and Burglary Charges
Individuals facing trespassing or burglary charges in Colorado may have several legal defenses available, depending on the circumstances involved. Some examples include:
- Lack of intent. Demonstrating that there was no intent to commit a crime upon entering the property can be a strong defense against burglary charges, but it will still likely result in trespassing charges.
- Consent. If the property owner or lawful occupant gave permission to enter, this can negate trespassing charges.
- Mistake of fact. If an individual entered the property under a mistaken belief that they had permission, this can be a valid defense (ex: visiting the wrong home in a neighborhood where all the houses look alike).
- Illegal search and seizure. If evidence was obtained through unlawful means, it may be inadmissible in court.
It’s incredibly important for individuals facing both trespassing and burglary charges to consult with a qualified criminal defense attorney to explore possible defenses and determine the best course of action.
Work with a Lawyer Experienced in Colorado Property Law
Understanding the difference between trespassing and burglary is wise for both residents and property owners in Colorado. Both offenses involve unlawful entry, but the intent behind the entry impacts the severity of the charge quite significantly. Trespassing is typically a misdemeanor or petty offense, but if a person unlawfully enters a property with the intent to commit a crime inside, the charge can escalate to burglary, which is a felony under Colorado law.
If you or someone you know is facing trespassing or burglary charges in Colorado, it’s essential to seek legal counsel promptly. A Denver property crimes defense attorney can provide guidance, evaluate the circumstances of the case, and help formulate an effective defense strategy.
