Trespassing Charges In Colorado Springs, CO- A Full Breakdown
A trespass accusation can happen fast, and it is not always the “breaking into a house” situation people picture. In Colorado Springs and across El Paso County, many trespass cases start with misunderstandings, property disputes, apartment common-area issues, or a claim that someone was told to leave and did not.
This article explains how Colorado trespass charges work, what the prosecution must prove, common fact patterns, and practical defense options. This is general information, not legal advice. If you need help applying these concepts to your situation, you can request a case review through the firm’s Free Consultation page.
Why Trespass Allegations Happen
Common scenarios include:
Returning to a business after being told not to come back
Neighbor disputes and property-line disagreements
Apartment or condo conflicts over “common areas”
Domestic situations where permission is disputed
Entering a fenced lot, construction site, or posted area
Vehicle-related incidents where someone claims you entered or stayed in their car
A key theme is permission, notice, and what you reasonably believed at the time.
Plain-English Overview Of Colorado Trespass
Colorado criminal trespass is generally about unlawfully entering or staying on property that belongs to someone else. It can involve:
Unlawful entry (you should not have gone in)
Unlawful remaining (you may have entered lawfully, but later you were not allowed to stay)
Trespass to chattels is defined as an intentional interference with the possession of personal property.
Trespass can be charged even if:
Nothing was damaged
Nothing was stolen
You never forced a door or broke a lock
“No Trespassing” signs often prove intent for criminal charges.
Nothing was damaged
Nothing was stolen
You never forced a door or broke a lock
In trespass to chattels, the plaintiff does not need to show damages; the mere intermeddling with personal property is sufficient for a cause of action.
Criminal Trespass vs Civil Trespass
Civil trespass is usually about money damages or court orders between private parties. Criminal trespass is a government-filed case that can lead to probation, jail exposure, fines, and a criminal record. Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person consists of three torts: assault, battery, and false imprisonment. Assault, as a form of trespass to the person, can occur without actual physical violence if there is a threat of unwanted touching. Battery is defined as any intentional and unpermitted contact with the plaintiff’s person or anything attached to it. False imprisonment is defined as unlawful obstruction or deprivation of freedom from restraint of movement. Trespass to the person may require intent, which varies by jurisdiction; some jurisdictions allow for gross negligence to suffice. A property owner can sue for damages, including emotional distress and lost profits, due to trespass.
What “Premises” Can Mean
In a trespass case, “premises” can include more than a house: Trespass to land is actionable per se, meaning it does not require proof of harm to bring a claim. Landowners may be liable for injuries to trespassers if they know that trespassers frequent their property and fail to address unsafe conditions. The Attractive Nuisance Doctrine holds property owners responsible for injuries to children who trespass if the property poses a risk to them. Trespassers can gain legal title to property through adverse possession if they meet specific legal requirements.
Land, yards, fenced lots
Apartment buildings and certain shared areas
Hotels, motels, and condo common areas
Businesses and retail locations
Vehicles, depending on the specific allegation
How Colorado Criminal Trespass Charges Work
Trespass cases often come down to details that do not show up clearly in the first police report. The prosecution still has to prove the required elements beyond a reasonable doubt. A prosecutor must prove that the defendant was on someone else’s property without their consent and that the defendant knew they were not allowed to be there. A court may issue an injunction to prevent an individual from returning to the property after a trespass.
The “Knowingly” Requirement
Many trespass allegations involve a claim that you acted knowingly. This often becomes a dispute about whether you knew:
Where you were
That you were not allowed there
That permission had been revoked
Texts, prior patterns of access, body camera audio, and the clarity of any warning can matter a lot here.
What “Unlawful” Usually Turns On
Whether your presence was unlawful often depends on:
Whether the property was open to the public at the time
Whether you received a clear verbal warning
Whether signs or barriers were obvious and meaningful
Whether you had a key, code, lease rights, or shared access
Whether the person who told you to leave actually had authority to do so
How Prosecutors Typically Try To Prove Trespass
Most cases rely on:
A complaining witness statement (owner, tenant, manager, security)
Police body-worn camera footage
Dispatch notes, 911 recordings, and officer observations
Photos of signs, fences, gates, or doors
Business or apartment surveillance video
Witness statements from employees or neighbors
Trespass Degrees Under Colorado Law
Colorado has different degrees of criminal trespass, and the degree can affect how the case is filed and what defenses are most effective.
First-Degree Criminal Trespass
First-degree criminal trespass is covered by C.R.S. 18-4-502. It can involve allegations tied to a dwelling, and in some situations, a motor vehicle allegation paired with an intent claim. Because the stakes can be higher, early evidence preservation and careful review of what the state must prove are critical.
Second-Degree Criminal Trespass
Second-degree criminal trespass is covered by C.R.S. 18-4-503. This charge often shows up in real-world disputes involving:
Enclosed or fenced property designed to exclude intruders
Certain common areas (depending on the facts and access rules)
Certain vehicle-related scenarios
These cases frequently turn on whether the area was truly restricted and whether notice was clear.
Third-Degree Criminal Trespass
Third-degree criminal trespass is covered by C.R.S. 18-4-504. It is often the broad “unlawfully entered or remained” allegation. It may be filed in lower-level situations, but a conviction can still cause long-term problems.
Penalties And Collateral Consequences
Penalties depend on the degree, the facts, and your history, but trespass cases can create serious real-life consequences even when the allegation feels minor. Trespass is often classified as a misdemeanor, but any criminal record can damage personal and professional opportunities. Most simple trespass cases are classified as misdemeanors, which can result in fines, probation, community service, and jail time. Some criminal trespass statutes also prohibit intentionally causing damage to someone else’s property without their consent. In Michigan, a conviction for criminal trespass can result in a maximum jail term of 30 days. In Arizona, first-degree criminal trespass can carry a sentence of 0.5 to 1.5 years of imprisonment. In Georgia, a conviction for criminal trespass can result in up to 12 months of imprisonment.
Direct Criminal Consequences
Depending on the filing level and facts, outcomes can include:
A summons with mandatory court dates
Arrest and booking (especially if there is a refusal-to-leave allegation)
Probation conditions
Fines and court costs
Jail exposure in more serious scenarios
Collateral Consequences People Often Miss
Trespass allegations can also affect:
Housing (lease issues, property bans, rental denials)
Employment (background checks, security access, professional licensing)
Immigration (non-citizens should treat any criminal case as a serious risk area)
Firearms and rights issues (especially if the case is tied to other charges or filed more seriously)
For broader context on how misdemeanor cases are handled in Colorado Springs, see Misdemeanor Charges. If the case is filed at a felony level, the timeline, risk, and strategy can change significantly, and you can read more about that on Felony Defense Lawyer Colorado Springs.
Colorado Criminal Trespass Levels And Defense Targets
Trespass Charge Level | Typical Allegation Focus | What The State Usually Tries To Prove | Defense Targets That Often Matter |
|---|---|---|---|
First-Degree Criminal Trespass | Dwelling-related entry or unlawful remaining, and some vehicle scenarios tied to intent allegations | Identity, unlawful entry or unlawful remaining, and any required intent | Permission or lawful authority, unclear notice, mistaken identity, credibility problems, lack of intent evidence |
Second-Degree Criminal Trespass | Fenced or enclosed premises, restricted common areas, and some vehicle scenarios | Restricted nature of the area, lack of permission, knowing conduct | Authority to revoke access, signage and notice quality, whether the area was truly restricted, video or bodycam contradictions |
Third-Degree Criminal Trespass | Unlawful entry or unlawful remaining on premises generally | That you were on premises of another and were not allowed there | Whether you were ever clearly told to leave, whether property was open to the public, mistake of fact, weak witness memory, timeline inconsistencies |
Building A Defense That Fits Your Facts
After the table, the goal is not to repeat labels and definitions. The goal is to focus on what actually moves a trespass case.
Protect Evidence Before It Disappears
Video is often overwritten quickly. Practical early steps can include:
Preserving texts, emails, and call logs about permission and access
Listing witnesses who saw the encounter, not just what they heard later
Identifying cameras nearby (business, apartment hallway, doorbell, parking lot)
Writing down a timeline while it is fresh
Permission, Authority, And Mixed Messages
Many defenses focus on whether you had permission or reasonably believed you did. Examples: Defenses against trespassing include permission, necessity, and mistake of fact. Necessity can serve as a defense to trespassing if the trespass was essential to prevent greater harm, such as seeking shelter during an emergency. Consent is a common defense to trespassing charges, as it indicates that the property owner allowed entry. A defendant may argue that they had an easement, which is a legal right to cross part of someone else’s land, as a defense against trespassing charges. Justification by law is a defense to trespassing when a person has statutory authority to enter the property, such as police entering to make an arrest.
A prior invitation, even informal
Apparent authority (someone who looked like they had the right to invite you)
Shared access rules in multi-unit housing
A dispute between two people where one says “allowed” and the other says “not allowed”
Notice Problems: Signs, Warnings, And Clarity
A strong defense can develop when:
The warning was unclear or not audible on bodycam
Signs were missing, hidden, or not meaningful for that area
The property was open to the public at the time
The line between “public space” and “restricted space” was genuinely confusing
Identity And Credibility Challenges
Trespass cases sometimes rely on quick identifications, especially at night or in chaotic conditions. Defense work often examines:
Whether anyone actually saw the entry or only assumed it
Whether descriptions match you, your clothing, and the timeline
Whether witness memory shifts after discussions with others
Related Allegations That Change The Stakes
Sometimes trespass is filed alongside theft or property offenses. If the case involves a claim that you intended to steal or actually took something, it can change how prosecutors approach the file and what defenses matter. Aggravated trespass can be elevated to felony charges if it involves intent to commit another crime or the presence of a weapon. Intent to commit another crime while trespassing elevates the charge significantly.
Record-Sealing Planning
Even when the immediate goal is dismissal or reduction, it is smart to think ahead. Colorado has procedures for sealing certain cases when you qualify, and the Colorado Judicial Branch explains the basics here: Seal My Case.
What To Expect After A Trespass Citation Or Arrest
Trespass cases usually begin with either a summons or an arrest. Refusing to leave when asked by the owner constitutes trespass.
Summons vs Arrest
Summons: You receive paperwork with a court date and charge details.
Arrest: You may be booked and later appear for advisement and bond conditions.
Typical Court Stages
While every case is different, many follow a familiar path:
First appearance or advisement
Entry of plea (often not guilty at the start)
Discovery review (reports, bodycam, witness statements)
Motions when appropriate (for example, evidence challenges)
Negotiation, and if needed, trial preparation and settings
Bond Conditions And No-Trespass Orders
A common condition is a “no trespass” restriction for a property or business. Treat that condition seriously. Violations can create new charges and make release conditions harder.
Frequently Asked Questions
Can A Trespass Case Continue If The Property Owner “Does Not Want To Press Charges”?
Yes. The government decides whether to file or proceed. A complaining witness can influence the case, but they do not control it.
What If I Was Invited, Then Someone Changed Their Mind And Told Me To Leave?
That often becomes an “unlawful remaining” allegation. Key issues include how clear the request was, whether you had a reasonable opportunity to leave, and what the evidence shows about timing.
Is A Verbal Warning Required Before I Can Be Charged?
Not always. In some situations, signs, fences, prior notices, or restricted access rules may be used to argue you had notice. In other situations, the absence of a clear warning can be a major defense issue.
Will A Trespass Charge Affect My Housing?
It can. Even without a conviction, an allegation involving an apartment complex or landlord can trigger property bans or lease problems. If housing is at risk, that should be part of the defense plan immediately.
Can I Seal A Trespass Case In Colorado?
Sometimes, depending on eligibility and the case outcome. The best starting point is the Colorado Judicial Branch resource linked above, and a lawyer can help you evaluate whether you qualify and when.
Conclusion
Trespass cases are rarely just “a minor misunderstanding” once they enter the criminal system. They can affect housing, work, and your record, and they can escalate if you unintentionally violate bond conditions or a no-trespass order.
If you are facing a trespass allegation in Colorado Springs or El Paso County, preserve your messages and timeline, avoid direct contact with the complaining witness, and consider an early case review while evidence is still available.
About The Author: Michael W. Moran
Michael W. Moran is a Colorado Springs criminal defense attorney who focuses on defending people accused of crimes in El Paso County and across Southern Colorado. He represents clients facing misdemeanor and felony allegations and builds defense strategies around evidence review, motion practice, negotiation, and trial preparation when needed. Learn more about Michael W. Moran here.