Fort Collins Criminal Mischief Attorney | Watch Your Sap!

A man will be looking for a Criminal Mischief attorney after cutting down his neighbor's tree, causing the tree to fall on his own apartment building.
A man will be looking for a  Criminal Mischief attorney after cutting down his neighbor's tree, causing the tree to fall on his own apartment building.
Image Source: Pixabay-gregovish

Tree sap can be a horrible nuisance to remove, especially from your car. It can cause damage to your paint job and is just overall a pain to deal with. One man was experiencing that annoyance and decided to take matters into his own hands. This did not end up in his favor. According to the news report, the man was bothered by the sap that was falling from his neighbor’s tree because he felt that it was ruining his car. He decided to take a chainsaw and rid himself of the problem – the tree. However, when he cut into the 36 inch wide tree trunk (not a small tree), the tree ended up falling toward his apartment building, which shifted the foundation and caused city officials to condemn the building. Seriously, a little sap led to the downfall of an entire building. If this had occurred in Fort Collins, Larimer, Boulder, or Grand County, the tree cutter would probably be facing Criminal Mischief charges.

Larimer County Criminal Mischief Attorney: What is the Definition of Criminal Mischief?

The Larimer County, Colorado law definition of Criminal Mischief – C.R.S. 18-4-501 – is:

A person commits criminal mischief when he or she knowingly damages the real or personal property of one or more other persons, including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode.

Because the man was cutting down a tree that was not his to cut down and it damaged a building that he did not own, he is facing this crime for the property damage he caused.

Fort Collins Criminal Mischief Lawyer: What is the Sentence / Punishment for Criminal Mischief?

In Fort Collins, Loveland, and Estes Park, Criminal Mischief can be charged as a felony or misdemeanor based on the amount of damage caused. Criminal Mischief is:

  • A class 3 misdemeanor when the aggregate damage to the real or personal property is less than three hundred dollars;
  • A class 2 misdemeanor when the aggregate damage to the real or personal property is three hundred dollars or more but less than seven hundred fifty dollars;
  • A class 1 misdemeanor when the aggregate damage to the real or personal property is seven hundred fifty dollars or more but less than one thousand dollars;
  • A class 6 felony when the aggregate damage to the real or personal property is one thousand dollars or more but less than five thousand dollars;
  • A class 5 felony when the aggregate damage to the real or personal property is five thousand dollars or more but less than twenty thousand dollars;
  • A class 4 felony when the aggregate damage to the real or personal property is twenty thousand dollars or more but less than one hundred thousand dollars;
  • A class 3 felony when the aggregate damage to the real or personal property is one hundred thousand dollars or more but less than one million dollars; and
  • A class 2 felony when the aggregate damage to the real or personal property is one million dollars or more.

Now, no totals for the amount of damage the man and the fallen tree caused were disclosed in the news article, but I would imagine he is definitely in the felony range. In fact, he could be easily be looking at a class 3 felony charge. Repairs to his building are not going to be cheap, especially since the foundation will need extensive work, so I could see the total damage being $100,000 or more.

If you or someone you love has been charged with Criminal Mischief in Fort Collins or Larimer County, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys form the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.