Riding lawn mowers are an expensive investment. Maybe too expensive for one man who decided to drive a riding lawn mower right off the Wal-Mart lot, without paying for it. Security footage showed the man entering the Wal-Mart store and filling up the lawn mover with gas. He then cut a chain link fence near where the mower was kept outside and drove it out of the parking lot onto the street. The man was found 10 miles from the store, still driving the mower. He was charged with Theft and Criminal Mischief.
What is Theft in Larimer County?
According to C.R.S. 18-4-401, Theft is basically taking something of value from someone with the intention of never giving it back. The man in the story took the lawnmower from Wal-Mart, and probably wasn’t going to bring it back. In Larimer, Boulder, and Grand County, the level of a misdemeanor or felony is based on the value of the items taken.
For items valued under $2,000, Colorado Theft is charged as:
- A class 1 petty offense if the value of the item is less than fifty dollars ($49 or less)
- A class 3 misdemeanor if the value of the item is between fifty and two hundred ninety nine dollars ($50 – $299)
- A class 2 misdemeanor if the value of the item is between three hundred and seven hundred forty nine dollars ($300 – $749)
- A class 1 misdemeanor if the value of the item is between seven hundred fifty and one thousand nine hundred ninety nine dollars ($750 – $1,999)
For items valued $2,000 or more, the Theft is charged as:
- A class 6 felony if the value of the item is between two thousand and four thousand nine hundred ninety nine dollars ($2,000 – $4,999)
- A class 5 felony if the value of the item is between five thousand and nineteen thousand nine hundred ninety nine dollars ($5,000 – $19,999)
- A class 4 felony if the value the item is between twenty thousand and ninety nine thousand nine hundred ninety nine dollars ($20,000 – $99,999)
- A class 3 felony if the value of the item is between one hundred thousand and nine hundred thousand nine hundred ninety nine dollars ($100,000 – $999,999)
- A class 2 felony if the value of the item is one million dollars or more ($1,000,000 and up)
Depending on the model of the riding lawnmower the man took, he could be facing a felony charge. Higher end mowers can cost upwards of $5,000.
What is Criminal Mischief in Fort Collins?
Colorado law defines Criminal Mischief – C.R.S. 18-4-501 – as:
When the man cut the chain link fence, he caused damage to the store’s property. The class of a misdemeanor or felony charged for this crime depends on the amount of damage in Fort Collins, Loveland, and Estes Park:
| Class of Crime | Aggregate Damage of all Property Harmed |
| Class 3 Misdemeanor | Less than $300 |
| Class 2 Misdemeanor | $300 to $749 |
| Class 1 Misdemeanor | $750 to $999 |
| Class 6 Felony | $1,000 to $4,999 |
| Class 5 Felony | $5,000 to $19,999 |
| Class 4 Felony | $20,000 to $99,999 |
| Class 3 Felony | $100,000 to $999,999 |
| Class 2 Felony | $1,000,000 or more |
Now, even though the man cut one part of the fence to be able to escape with the mower, the damage will probably amount to what it will cost to replace the entire fence. This could increase the punishment because it would add more total damage than was actually caused. That is why it is important to have an experienced criminal defense attorney to defend you against trumped up charges.