Nobody wants to see a human or animal suffering, and people will generally take action when they see someone in distress. An army veteran experienced this when he came across a group of shoppers in a store parking lot waiting for the police to arrive to help a dog locked in a hot car. The veteran felt the dog was in serious distress and did not want the dog to die, so he smashed the car window to save the dog. When the owner of the dog came out of the store, she was furious and demanded the police arrest the veteran. She claimed she was only in the store for a few minutes, but witnesses say it was a lot longer than just five minutes. While the officer made it clear they would not have brought any charges against the veteran on their own, their hands were tied with the woman’s insistence he be arrested and charged. The man is facing Criminal Trespassing and Criminal Mischief charges.
2nd Degree Criminal Trespass / Trespassing in Weld County
Colorado law defines Second Degree Criminal Trespass – C.R.S. 18-4-503 – as:
(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.
This means in Weld, Morgan, and Logan County, just by entering into a vehicle for the sole purpose of freeing / saving an animal, the 2nd Degree Trespass statute would apply. An interesting point to make would be the law’s interpretation of ‘in.’ When looking at the specifics of the statute, “(c) knowingly and unlawfully enters or remains in a motor vehicle,” one would think that just breaking the window wouldn’t be an adequate action to charge this crime because he never entered into the actual vehicle. However, because the man did not have permission from the car owner to break the window to save the dog, he did technically illegally enter the vehicle according to the law.
Have you been charged with Trespassing? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Trespassing? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Criminal Mischief in Erie and Evans
Criminal Mischief – C.R.S. 18-4-501 – is defined by Colorado law as:
When the veteran broke the woman’s car window, he caused some property damage and, according to the law, should be held responsible. In Greeley, Berthoud, and Windsor, the punishment for Criminal Mischief is based on the amount of damage 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 |
In this case, he would definitely be facing a low level misdemeanor mischief charge because a car window would not cost more than $749. It really is too bad that a person’s intentions are never taken into consideration where the law is concerned. This veteran is not a criminal and did not act with any criminal intent. He saw an emergent issue and acted the way he felt was necessary only to face multiple criminal charges. Makes you think twice about being a good Samaritan these days.
Choice of Evils is a defense to any crime.
Fortunately, Colorado has an Affirmative Defense which might save the man. Choice of Evils is a defense to any crime. It essentially provides that emergency conduct is not criminal if the harm sought to be avoided under the criminal law is less than the injury sought to be avoided by the actor’s conduct.
If you or someone you love has been charged with Trespass / Trespassing or 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 to schedule a free consultation today. Together, we can protect your future.
Image Credit: Pixabay – sandid