Thanks,In most cases are there jail time for first time offenders or probation? Since he stuck his hands in my car I defended myself, is the what the 3rd degree charge is about and can I use his aggressive action as my defense to have this dismissed?
Most of the time it would be probation. The attack in the car isn't what makes it third degree at all.
What was the 3rd degree about then?
The third degree is actually more helpful to you. I know it seems worse but it isn't (first degree is worse than second degree and second degree is worse than third degree).
Here is what second degree would have been:
C.R.S. § 18-4-503, occurs when a person unlawfully enters or remains in or upon the premises of another that are enclosed in a manner designed to exclude intruders, or fenced, or if a person knowingly and unlawfully enters or remains in the common areas of a hotel or apartment or condominium building.
Here is what first degree would have been:
C.R.S. § 18-4-502, occurs when a person knowingly and unlawfully enters or remains in the dwelling of another or enters any motor vehicle with the intent to commit a crime. First degree trespass is a class 5 Felony
He claims I was at the door trying to break in and that was not the case. I loved the woman who is the proprietor, for 3 years in love she reciprocated sometimes, I was pretty dumb tonight. I just wanted to see where she lived and was looking for the number which I did not see. Therefore, I walked up to the door to find it. Then I was chased.
By he I mean the man of the house. I wasn't sure if she had someone.
I do understand...
you think it's stupid don't you. LOL. Are multiple court hearing a possibility. Any other advice? Most of all I feel bad for them.
I absolutely do not think it is stupid. I assure you that. I think it is terribly sad that this has all happened. I think that your poor heart is broken up and then all this on top of it.
I would suggest you see if the prosecution would consider a deferred sentence that if you agree to stay away from her ifyou can and if you agree to not get in trouble for a year would they consider dropping the charges after a year is up?
She shows me mixed feelings by answering me on facebook. Especially if she has a boyfriend wouldn't you think. She really didn't realize I wasn't kidding when I said I loved her. Stupid way to get attention on my part. Do you think everything will be okay? I will make strong apologize to her and him.
typeo: where I said 2nd line especially, I meant to say she shouldn't have been talking to me if she has a friend.
I would probably not apologize until you talk to the prosecutor only because I'd tell the prosecutor you'd like to apologize to them - and when you do, I'd do it in writing and keep a copy. (Otherwise they can claim you said and did things that you didn't)
I'm so sorry she's been playing with your heart and feelings. How painful.
that's okay. I think I'm over her now. great points you have made. I hope everything all around will be okay.
Me too ...
Good luck and I hope it all works out.
Litigation attorney & adjunct legal professor
Just wanted to make sure you were doing okay!
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