You know, there are many times that I read stories about ridiculous crimes and arrests. Many times, I wonder what law enforcement was thinking. But this story takes the cake! A woman was recently arrested and charged with Criminal Mischief after knocking over a trash can at a residence. Seriously?!? Does that mean I can get the obnoxious raccoon that insists on tipping over my trash charged with a crime? That’s about the level of ludicrousness we are talking about here. The news report did not disclose any back story, or motivation for why the woman tipped over the garbage can, only that it was thought to be with the intent to cause an inconvenience to the resident. Ugh, what is this world coming to? Only a Larimer County Criminal Defense Lawyer can defend you from this level of police desperation.
Property Damage / Criminal Mischief in Larimer County – Definitions Matter
In Larimer, Boulder, and Grand County, the definition of Criminal Mischief – C.R.S. 18-4-501 – is:
In Fort Collins, Loveland, and Estes Park, Criminal Mischief is charged as a misdemeanor or felony depending on the level of damage caused:
| Class of Larimer County Crime | Aggregate Damage of Property Harmed in Larimer County |
| Class 2 Felony Criminal Mischief | $1,000,000 or more |
| Class 3 Felony Criminal Mischief | $100,000 to $999,999 |
| Class 4 Felony Criminal Mischief | $20,000 to $99,999 |
| Class 5 Felony Criminal Mischief | $5,000 to $19,999 |
| Class 6 Felony Criminal Mischief | $1,000 to $4,999 |
| Class 1 Misdemeanor Criminal Mischief | $750 to $999 |
| Class 2 Misdemeanor Criminal Mischief | $300 to $749 |
| Class 3 Misdemeanor Criminal Mischief | Less than $300 |
In this case, that is a lucky break for the trash can tipper, because there is no way that spreading some trash caused more than $300 worth of damage. This means she is probably facing the lowest level misdemeanor Criminal Mischief charge: a class 3 misdemeanor.
[pullquote align=”center” textalign=”center” width=”95%”]Have you been charged with Criminal Mischief? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]
Criminal Mischief and Trash: Does the Law Even Fit?
It seems to me, a more appropriate charge for this ‘offense’ (and I use that term very sarcastically) would be littering. The woman spread trash around. Really, that was the extent of it. If someone felt a desperate need to charge this woman with a crime, Littering would have been a much better choice. An experienced criminal defense attorney, like those from the O’Malley Law Office would not hesitate to take this ridiculous case to trial.