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My boyfriend and I were charged with "trepass" (literally how its spelled on the summons) for being at a park 20 min. after close in Thornton, Colorado. He said he had to make an amendment to mine and wrote the charge "hours" in the "other" charge but left my bf's the same. He just received an amendment in the mail with the "hours" charge. Is this a lesser charge or the same as trespassing?
Optional Information: Country relating to Question: United States State (if USA): Colorado Already Tried: City website, google, ask.com
Hi,My name is XXXXX XXXXX X'd be happy to answer your questions today.A third degree criminal trespass charge is a petty offense. Colo. Rev. Stat., Section 18-4-503. That should be the statute, because second degree criminal trespass requires an enclosed area. Section 18-4-504. If you were cited under the County Code, instead, trespassing is punishable by a fine of up to $1,000, up to one year imprisonment, or both. Thornton Code, Section 38-179. Section 46-37 sets the hours for parks. A violation of that section is also punishable by a fine of up to $1,000 and up to one year imprisonment. Section 1-8. For a first offense, you are most likely just looking at a fine, and it's not likely that it would be anywhere $1,000.
So "hours" is the county code for third degree trespass? The reason we're concerned is because my boyfriend is afraid he won't be able to own a registered gun with a trespassing charge. Will this "hours" charge prevent him from being able to buy a gun?
No, "hours" doesn't have anything to do with third degree trespass. I was saying that the initial charge was probably a third degree trespass charge (although it's hard to say without looking at the ticket). The fact that he changed it, though, means that you were probably cited under the Thornton Code, and not the state code. A trespassing or after hours park violation would not have any bearing on your boyfriend's ability to own a gun. It's a Misdemeanor, and it's not a violent offense.
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.