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Wolf Law is proud to serve Denver and surrounding communities, including Wheat Ridge, Thornton, Northglenn, Littleton, Lakewood, and the broader Denver Metro area. Trespassing charges in Colorado are more complex than most people expect. What appears to be a minor property-related offense can escalate into a serious criminal charge depending on the type of property, the circumstances of entry, and the defendant’s alleged purpose. If you are facing a trespassing charge in Colorado, understanding the specific statute you are charged under and the defenses available to you is essential from the very start.

Wolf Law represents individuals across Colorado with a criminal defense practice focused on preparation, strategy, and strong legal advocacy. Attorneys and Partners Jeff Wolf and Colleen Kelley lead the firm’s defense team, each bringing decades of trial experience, sharp legal analysis, and a commitment to protecting their clients’ rights at every stage. Both attorneys are known for their national media presence, including commentary on Court TV and Law & Crime, and both bring that same level of analytical rigor and courtroom preparation to trespassing defense cases throughout Colorado. Together, they reflect Wolf Law’s philosophy that excellent criminal defense begins with a thorough understanding of every element of the charge.

Trespassing charges range from class 2 misdemeanors to class 5 felonies under Colorado law, and the difference between them depends on facts that a defense attorney must evaluate immediately. Our legal team is here to help.

What Is Criminal Trespass Under Colorado Law?

Colorado’s criminal trespass statute, found at Colorado Revised Statutes Section 18-4-502 through 18-4-504, creates three distinct degrees of trespass, each with different elements and different penalties.

First-degree criminal trespass involves unlawfully entering or remaining in a dwelling — a place where a person lives — or in a motor vehicle with the intent to commit a crime. This is the most serious trespass offense, charged as a class 5 felony. Second-degree criminal trespass involves unlawfully entering or remaining on enclosed agricultural or horticultural land, or entering any building with intent to commit a crime, and is charged at the misdemeanor or low-level felony range. Third-degree criminal trespass is unlawfully entering or remaining on property and is a class 1 petty offense in its basic form under Colorado’s two-class misdemeanor system.

What Are Common Scenarios That Lead to Trespass Charges in Colorado?

Trespassing charges arise from a wide range of situations in the Denver Metro area. Our attorneys frequently represent clients in circumstances including:

  • Domestic situations: Trespass charges frequently arise from relationship disputes, especially where a protective order or restraining order is in place. Returning to a shared residence or entering a former partner’s property can be charged as criminal trespass, and when a protective order is involved, additional charges may follow.
  • Neighbor and property disputes: Boundary disagreements, easement disputes, and longstanding neighborhood conflicts can result in trespass charges even when the defendant believed they had a legitimate right to be on the property.
  • Commercial and business property: Being asked to leave a business and failing to comply, or returning to a business after being formally trespassed, is a common source of charges in Denver, Aurora, and Lakewood.
  • Abandoned and construction properties: Entering vacant buildings, construction sites, or properties that appear abandoned can result in trespass charges regardless of the defendant’s stated purpose or lack of intent to cause harm.
  • Camping and public space enforcement: Colorado’s evolving approach to camping ordinances and public space use has made trespass-related charges more common in urban areas, particularly along the Colfax corridor and in central Denver.

Why Trespassing Charges Matter for Your Rights and Future

Even third-degree criminal trespass, which is a petty offense at its base level, results in a criminal record that shows up on background checks. For first-degree criminal trespass — a felony — the consequences are far more significant: potential prison time, permanent felony record, and lasting impact on employment, housing, and professional licensing.

Trespass charges also commonly accompany other allegations. A domestic violence-related trespass may be filed alongside assault or harassment charges. A commercial trespass may accompany theft or damage to property allegations. When multiple charges are involved, the defense must address all of them together, not in isolation. Our attorneys evaluate the full picture from the very first consultation.

Facing a trespass charge in Denver, Aurora, or Lakewood? Call Wolf Law at 720.479.8574 for a free consultation. Our attorneys will evaluate every aspect of your case right away.

What Are the Defenses to Criminal Trespass in Colorado?

Trespass charges often turn on issues of permission, intent, and knowledge — all of which are factual questions that skilled defense attorneys are well-positioned to challenge. Common defense strategies include:

  • Permission or license to enter: A person who had actual or reasonably apparent permission to be on the property did not trespass. Our attorneys examine the history of the relationship between the defendant and the property owner and gather evidence of any express or implied consent.
  • Honest belief in right to enter: Colorado law recognizes that a person who genuinely and reasonably believed they had the right to be on the property may not have acted with the criminal intent required for a conviction. This defense is particularly relevant in property line disputes and co-occupancy situations.
  • Insufficient notice: For many trespass charges, the prosecution must establish that the defendant knew entry was not permitted. Where adequate notice was not given — no signage, no verbal warning, no written communication — this element may not be provable.
  • Constitutional defenses: In some situations, trespass charges implicate First Amendment rights — for example, when the defendant was engaged in protected expressive activity on property traditionally open to the public. Our attorneys evaluate whether constitutional protections apply.
  • Challenging the felony elements: First-degree trespass requires proof that the defendant entered a dwelling with intent to commit a crime. Our attorneys challenge both the characterization of the property and the proof of criminal intent.

How Trespassing Intersects With Protective Orders and Domestic Violence Charges

One of the most legally complex trespass situations arises when a protective order is in place. In Colorado, a violation of a protection order is itself a criminal offense — separate from the underlying trespass charge. When a defendant enters a property in violation of both the trespass statute and an active protective order, two separate criminal charges result.

Jeff Wolf and Colleen Kelley are both excellent trial attorneys who are deeply familiar with the intersection of trespass, domestic violence, and protective order violations in Colorado courts. Both have appeared on national platforms including Law & Crime and Court TV to discuss complex criminal matters, and both bring the same thorough preparation and strategic analysis to every trespass defense case they handle in Denver, Aurora, and Lakewood.

Step-by-Step: What to Do If You Are Charged With Trespassing in Colorado

  1. Do not return to the property

    Regardless of your belief about your right to be there, returning to the property while charges are pending creates additional legal exposure and can be used against you.

  2. Do not contact the property owner

    Any communication with the alleged victim or property owner without counsel can be misinterpreted or used to support additional charges.

  3. Gather evidence of permission

    Text messages, emails, photographs, witness accounts, and any documentation that shows you had permission or a reasonable belief in your right to enter should be preserved and shared with your attorney.

  4. Contact Wolf Law immediately

    The earlier our legal team is involved, the more we can do to investigate the facts, challenge the charge, and protect your record. Call 720.479.8574 for a free consultation.

Contact Wolf Law to Defend Your Trespass Case

Trespassing charges in Colorado deserve serious legal attention. Wolf Law offers free consultations, and our attorneys will evaluate your case, identify every available defense, and build a strategy designed to protect your rights and your future. Call 720.479.8574 today.

Wolf Law serves clients throughout Colorado, including Denver, Aurora, Lakewood, and the broader Denver Metro area. Whether your case is in Denver County Court, the Jefferson County Courthouse in Lakewood, or another Colorado court, our excellent legal team is here to fight for you. Call Wolf Law at 720.479.8574 for your free consultation.

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Highly Recommended!

Mr. Wolf is an incredible attorney to work with. My father and I have spent some time over the past 10 years with him, and have always seen fantastic results from different types of situations. He is very intelligent, honest, and diligent about any work brought his way.

I highly recommend Mr. Wolf and will call him first, anytime I need legal advice or representation!

Thank you Jeff!

— Greg

Jeff is a Powerhouse in the Courtroom

Jeff is truly an expert in his field. He is extremely knowledgeable and bright and it was clear throughout his management of my case that he is highly respected. He was very supportive of my desire to see my case through to trial, he was always empathetic, and he took the time to understand my personal and professional situation. He was determined to get me the best outcome with the least impact to my personal and professional life and he succeeded. We were dealing with a refusal and I have little doubt that I would not have had the same results with another attorney. Jeff is a powerhouse in the courtroom! I am beyond appreciative and would strongly recommend anyone facing challenging legal issues to seek out Jeff’s expertise.

— Jana S.

APPRECIATION

I would like to place on record the immense appreciation for Ms Colleen Kelly, Partner at Wolf Law LCC. I had an opportunity as a Solicitor to interact with her on behalf of one of my clients in a DV Matter. Her professionalism and knowledge of law is absolutely outstanding. She is extremely honest and straightforward in her legal advice. She always keeps the interest of the client a priority and safe guards the interest of the client at all times. She is an asset to the legal team and adds value with her expertise and knowledge.

— Nirvikar Singh, Advocate Supreme Court of India

Kind, Knowledgeable, and No-Nonsense Attorney

I hired Mr. Wolf to represent me in my efforts to obtain a permanent civil protection order against the person who committed a crime against me. This person is currently incarcerated for the crime but is being considered for parole. Due to Mr. Wolf’s criminal law background, and his outstanding attorney ratings, I believed him to be the best legal professional to successfully represent my safety and security concerns in court. I was not wrong!!

Mr. Wolf expertly and succinctly prepared the protection order paperwork on my behalf, prepared me for my court appearance in a direct and as complete a manner as possible, and successfully represented me in court. He also expressed sincere kindness towards me from the day I hired him to the conclusion of my case. Another attorney without a criminal law background may have been able to have successfully obtained a permanent civil protection order on my behalf; however, I was unwilling to take that chance given the criminal background of my case. I will be forever grateful to Mr. Wolf for his successful representation of me, and for making my safety and security one of his top priorities.

— Teresa M

Beyond the Best

Jeffrey Wolf has been a beacon of hope to me when my situation seemed limited and unlikely of a positive outcome. He represented me for a DUI and as a domestic violence victim and did a phenomenal job on both. Not only was he able to defend and represent me, but his empathetic and ethical demeanor offered hope to myself and someone I truly care about. My partner and I are eternally grateful for his service, and I hereby recommend him without hesitation since I could not imagine a better result without him representing me.

— Marisabel

Fantastic Law Firm – Take it From an Attorney

I have been an attorney for 18 years. I have seen Jeff Wolf in court handle a large variety of criminal defense and protection order matters with the highest degree of professionalism and effectiveness. Jeff is not only intelligent and incredibly timely and efficient, but also carries a wide scope of wisdom and experience; there is nothing he has not seen.

I know if I refer friends or clients to him, they will be in strong capable hands with an attorney who truly cares and is a great advisor. I have also seen Colleen Kelley in major felony hearings in court and she is a force to be reckoned with.

When I needed an attorney for my own legal situation, I retained Jeff and his firm. I witnessed first-hand how competent and reassuring Jeff and Collen are as attorneys and counselors, but from the perspective of a client. Superb attorneys, but also the best people. When I am unable to accept a criminal case, I often refer the potential client to the Wolf Law LLC.

— Anon, Esq.

Complete Professionals

This law firm is the true example of professionalism. They are very responsive, very up front and extremely respectful. Colleen is an amazing attorney who truly enjoys what she does. I would recommend Colleen to anyone. She is honest, hard working, no BS, and gets the job done. She knows what to say and when to say it. She definitely went above and beyond for me. I would 100 percent use her again without a doubt.

— Zach

Wolf Law is your best option!

I’ve had the privilege of getting Jeff Wolf to represent me in my 1st DUI case. He did a great job explaining the case, the possible outcomes and overall getting good results. I highly recommend his services to anyone who has any moving violation infraction perhaps more and want to have the best results in court. Thank you Jeff.

— Marco

Would Have Been Lost Without Wolf Law

I was charged with my first DUI and was referred to Jeff by a friend of mine. He gave me a realistic expectation of what would happen and is an expert at navigating the process. Jeff is always incredibly quick to respond and is very knowledgeable. He is professional and represented me well in the courtroom. The experience of being charged with a DUI is a terrible, humiliating and challenging event – having an experienced attorney was priceless!

— Anonymous

Professional and empathetic

I contacted Wolf Law for legal assistance with a case that had extenuating circumstances requiring someone experienced and understanding. When I first spoke with Jeff, he helped put me at ease and on the path to a resolution. Jeff promptly informed me of each new development in the case, while being sympathetic to my situation and advocating on my behalf. I’m incredibly satisfied with the result of the case and the speed at which Jeff achieved that outcome. Jeff was able to rectify a life changing event to just be a bump in the road.

— Mark Horgan