Greeley Criminal Mischief Lawyer
Roofer Removes Roof He Wasn’t Paid for and Is Charged for Property Damage

A roofer was charged with Criminal Mischief and Trespassing after taking back a roof he installed for non-payment and causing property damage.

Causing property damage to someone else’s property is charged as Criminal Mischief in Greeley and Weld County. When a person doesn’t make payments on their car, what happens? It gets repossessed. When you don’t make payments on your house, what happens? It gets put in foreclosure. So, what happens when you don’t make payments on your roof? Well, a roofer thought that not making a payment gave him the right to take the roof back. Only, it didn’t work out well for him, as he ended up charged with Criminal Mischief and Trespassing.

Weld County Criminal Mischief Attorney: Definition of Criminal Mischief Property Damage in Morgan and Logan County

The Weld, Morgan, and Logan 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.

Apparently, when someone installs a roof, the roof becomes the homeowner’s property. So, unless there is something written into the contract that states the roof can be repossessed for non-payment, you can’t enter onto someone else’s property to take it back. By taking the roof, it would be argued that property damage occurred.

Sentence for Criminal Mischief in Johnstown and Fort Lupton

In Greeley, Johnstown and Fort Lupton, Criminal Mischief is a misdemeanor or felony depending on the amount of property damage caused. Criminal Mischief is a:

  • Class 3 misdemeanor when the damage is less than $300;
  • Class 2 misdemeanor when the damage is $300 or more but less than $750;
  • Class 1 misdemeanor when the damage is $750 or more but less than $1,000;
  • Class 6 felony when the damage is $1,000 or more but less than $5,000;
  • Class 5 felony when the damage is $5,000 or more but less than $20,000;
  • Class 4 felony when the damage is $20,000 or more but less than $100,000;
  • Class 3 felony when the damage is $100,000 or more but less than $1,000,000; and
  • Class 2 felony when the damage is $1,000,000 or more.

Likely, the amount of damage caused was, well, the cost of the roof. This means the felony range.

If you or someone you love has been charged with Criminal Mischief, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.

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