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:
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.