Legal Question in Criminal Law in Colorado

Criminal Trespass and Mischief

I recently was arrested for crawling through my ex girlfriends window and waiting for her to get home. I didn't threaten or touch her I just told her I wanted to talk. She callled the police and I left. I have never been aressted for any type of crimes and am going to court next week. I am wondering what the most likely sentence I will get. I am worried that I will be sent to jail, or given a large fine. Can someone please tell me what the possibilities and probablities of this. THANKS!


Asked on 6/03/04, 5:19 pm

3 Answers from Attorneys

Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Criminal Trespass and Mischief

As to what the maximums you could be facing, that depends on the charge. If the DA goes for breaking an entry (second degree burglary) you are looking at 2 to 8 years in Prison. Not jail. If this ia treated as a misdemeanor domestic violence case you would get a suspended jail sentence, 36 weeks of DV classes, maybe some community service. It depends more on the facts. I need to know more. The DA will likely make you an offer where you plead guilty, etc, etc. I can tell you (without knowing more) that it will be a BAD plea bargain. Don't take it. Get some legal help. Don't go into court alone.

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Answered on 6/03/04, 9:08 pm
William Griffin The Griffin Law Firm, P.C.

Re: Criminal Trespass and Mischief

As always, it can depend largely on the jurisdiction, the judge and the DA prosecuting the case. But for a first offense, it seems an appropriate offer would be a deferred sentence or a misdemeanor, but some jurisdictions (the DA's office) may have policies regarding domestic cases, which this would be classified as if she was your girlfriend. In any case, domestic violence classes will be part of any conviction, though jail likely would not.

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Answered on 6/04/04, 11:05 am
Jason Savela The Savela Law Firm, PC

Re: Criminal Trespass and Mischief

This is potentially a serious felony with prison time. I would definitely have a lawyer. Do not say anything about the facts of the case to anyone but your lawyer. Sounds like this will be treated as a domestic violence case.

If you look in paper - in the last 2 weeks 1 person was killed in a DV and one put in the hospital in Boulder County. DV is still a serious offense and will be treated that way by the DA.

You might get a misd offer with classes depending on your criminal record and what your GF says happened.

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Answered on 6/04/04, 11:14 am


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