Types of Property Crimes
Property crimes in Larimer County involve unlawful theft, damage, destruction, or interference with a person’s property. There is no violence used or threatened. The term “property crimes” encompasses a range of offenses ranging from the more minor, such as trespassing, to serious crimes such as arson.
At Markus Law, we have successfully defended many Larimer County property crimes. Call to schedule a free consultation and learn how we can help you fight the charges you’re facing.
Trespassing
Trespassing involves entering someone’s property without their permission. It is different from burglary in that the defendant has no intent to commit a crime when they enter the property.
In Colorado, the most serious version is First Degree Criminal Trespass:(1) A person commits the crime of first degree criminal trespass if such person:(a) Knowingly and unlawfully enters or remains in a dwelling of another; or(b) Enters any motor vehicle with intent to commit a crime therein.(2) (a) First degree criminal trespass committed pursuant to subsection (1)(a) of this section is a class 1 misdemeanor, but it is a class 6 felony if the dwelling is inhabited or occupied.(b) First degree criminal trespass committed pursuant to subsection (1)(b) of this section is a class 1 misdemeanor.
Colo. Rev. Stat. § 18-4-502
If the Trespass is committed in an inhabited or occupied dwelling, Trespassing becomes a Class Six Felony with a potential Prison sentence of up to eighteen months. Don’t become a felon because you walked into the wrong house, contact Markus Law today.
Criminal Mischief
A defendant commits criminal mischief by destroying or damaging someone’s property without their permission. Examples of criminal mischief include graffitiing, keying a car, or knocking down a street sign. In Colorado, Criminal mischief can range from a misdemeanor, if the value of the damage is $2000 or less, to a class two felony, if the value of the damage is one million dollars or more.
In Colorado, Criminal Mischief is defined as:
(1) 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.
Colo. Rev. Stat. § 18-4-501
Theft
Theft is the taking of a person’s property without their permission and with the intent to permanently deprive them of it. In Colorado, one can also be guilty of theft for concealing or using property of another without permission. In Colorado, theft can range from a misdemeanor, if the value of the thing involved is $200 or less, to a class two felony, if the value of the thing involved is $1,000,000 or more.
In Colorado, Theft is defined as:
(1) A person commits theft when he or she knowingly obtains, retains, or exercises control over anything of value of another without authorization or by threat or deception; receives, loans money by pawn or pledge on, or disposes of anything of value or belonging to another that he or she knows or believes to have been stolen, and:(a) Intends to deprive the other person permanently of the use or benefit of the thing of value;(b) Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit;(c) Uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit;(d) Demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value to the other person;(e) Knowingly retains the thing of value more than seventy-two hours after the agreed-upon time of return in any lease or hire agreement; or(f) Intentionally misrepresents or withholds a material fact for determining eligibility for a public benefit and does so for the purpose of obtaining or retaining public benefits for which the person is not eligible.
Colo. Rev. Stat. § 18-4-401
Burglary
When someone unlawfully enters a building or structure with the intent to commit a crime, they commit burglary. Even if they don’t commit the crime once they are inside the premises, they are still guilty of burglary. In Colorado, one can be found guilty of Burglary even for remaining in an area unlawfully after a lawful entry with the intent to commit a crime. In Colorado, Burglary is generally either a class four felony or a class three felony if: (I) it is a burglary of a dwelling; (II) the objective of the burglary is the theft of a controlled substance; or (III) the objective of the burglary is the theft of one or more firearms or ammunition.
The Colorado Statute defines Burglary as:
(1) A person commits second degree burglary, if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property.
Colo. Rev. Stat. § 18-4-203
Arson
Usually charged as a felony, arson is a serious offense that involves intentionally burning a building, structure, or forest land. The penalties for arson increase significantly if the premises were occupied at the time, or if anyone was injured or killed as a result of the fire. In Colorado, Arson is considered a class three felony which is punishable by 4-12 years in prison.
In Colorado, Arson is defined as:
(1) A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any building or occupied structure of another without his consent commits first degree arson.
Colo. Rev. Stat. § 18-4-102
Penalties for Colorado Property Crimes
Possible penalties for property crimes include:
- Fines
- Restitution to the victim for their loss
- Probation
- Community service
- Parole
- Imprisonment
The penalty for a property crime depends on several factors, including whether the charge is a misdemeanor or a felony and the seriousness of the allegations, including the type and value of the property.
Defenses Against Property Crimes Allegations in Colorado
Depending on the circumstances of the allegations, there can be several defenses available to defendants in Larimer County charged with property crimes. Common defenses include mistake, necessity, and coercion.
Mistake
If a defendant holds a genuine but mistaken belief as to the facts when they commit the act, they may not be guilty. This is because the defendant doesn’t have the intention required to prove most property crimes, and so they cannot be held criminally liable.
For example, if a defendant takes another person’s bike from a bike rack outside their apartment building because it looks almost identical to theirs, they may be able to argue the defense of mistake of fact.
Public or Private Necessity
Necessity is a common defense to property crimes for situations where the defendant interfered with the property in an emergency. If the defendant needed to interfere with the property to prevent greater harm to the community (public necessity) or themself (private necessity), then they are not criminally liable for the act.
For example, if a passerby sees a fire inside a closed shop and breaks a window to extinguish the fire, they may not be criminally responsible for the damage to the window based on public necessity.
Coercion
Where a defendant commits a property crime as a direct result of immediate threats or force such as blackmail, they may be able to argue coercion. If successful, they cannot be held criminally responsible for the crime as they did not act voluntarily.
Speak to a Property Crimes Attorney in Larimer County Today
If you are facing charges of a property crime, it’s imperative you speak to an experienced criminal defense attorney immediately. At Markus Law, we have the expertise and experience to craft a defense to get you the best-possible outcome. Call or fill out an online form today to schedule a free consultation.