There is nothing more frustrating than driving to a store for a particular item, only to find the store closed. That is the exact frustration one man was facing when he arrived at a convenience store to buy a pack of cigarettes. Apparently, he arrived at the store early one morning and pounded on the front door several times before kicking in the door’s lower half. He entered the store and grabbed the pack of cigarettes he wanted, holding it up to the camera to show the brand. He then held up a five-dollar bill and a one-dollar bill showing the camera he was leaving enough money to cover the cost of the cigarettes. Had this occurred in Fort Collins, Loveland or Estes Park, the man would probably be facing Trespassing and Criminal Mischief charges. You may be wondering why this would not be a Burglary case. Well, Burglary is only charged when someone unlawfully enters with the intent to commit another crime. I guess the silver lining is that by leaving the $6, he did not commit a Theft and therefore avoided the felony Burglary charge.
Larimer County Second Degree Trespassing Lawyer | What is the Definition of 2nd Degree Trespass?
The Colorado law definition of Second Degree Criminal Trespass – C.R.S. 18-4-503 – is:
(a) Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced; or
(b) Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or
(c) Knowingly and unlawfully enters or remains in a motor vehicle of another.
Because a building is considered a person’s premises, unlawfully entering the convenience store would fall under part (a). As a class 3 misdemeanor in Larimer, Boulder, and Grand County, 2nd Degree Trespassing is punishable by up to 6 months in the Larimer County Jail and $50 to $750 in fines.
[pullquote align=”center” textalign=”center” width=”100%”]Have you been charged with Trespassing or Criminal Mischief? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]
Fort Collins Criminal Mischief Lawyer: What is the Definition of Criminal Mischief?
The Colorado law definition of Criminal Mischief – C.R.S. 18-4-501 – is:
Criminal Mischief is charged when a person causes property damage. In this case, the man damaged the door when he kicked in and broke the lower half. He could be charged with a felony or misdemeanor depending on the amount of damage he caused:
|
Class of Crime |
Aggregate Damage of Property Harmed |
| Class 3 Misdemeanor Criminal Mischief | Less than $300 |
| Class 2 Misdemeanor Criminal Mischief | $300 to $749 |
| Class 1 Misdemeanor Criminal Mischief | $750 to $999 |
| Class 6 Felony Criminal Mischief | $1,000 to $4,999 |
| Class 5 Felony Criminal Mischief | $5,000 to $19,999 |
| Class 4 Felony Criminal Mischief | $20,000 to $99,999 |
| Class 3 Felony Criminal Mischief | $100,000 to $999,999 |
| Class 2 Felony Criminal Mischief | $1,000,000 or more |
According to the news report, the damage to the door was estimated to cost about $800. This would mean the man would be facing a class 1 misdemeanor Criminal Mischief charge. Class 1 misdemeanors are punishable by 6 to 18 months in the Larimer County Jail and up to $5,000 in fines.