Fall has officially arrived and this means pumpkins are readily available to be carved, seeded, cooked or used as decoration. Some people even like to grow them to see how big they get. One family was doing just that, and had managed to care for their pumpkin until it grew to be over 100 pounds. Unfortunately, someone else was apparently impressed and decided they wanted the pumpkin for their own. The thieves backed their vehicle up to the house and used a saw to cut the giant pumpkin from its vine and take it with them. While the police have no leads or suspects, if they are ever caught, they could be facing Theft and Trespassing charges.
3rd Degree Criminal Trespass / Trespassing in Weld County
The Colorado law definition of Third Degree Criminal Trespass – C.R.S. 18-4-504 – is:
Because the people who took the pumpkin entered the property unlawfully, without the owner’s permission, they could be facing this class 1 petty offense. In Weld, Morgan, and Logan County, a class 1 petty offense is punishable by up to 6 months in the Weld County Jail and up to $500 in fines.
Have you been charged with Theft or Trespassing? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Theft or Trespassing? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Pumpkin Theft in Fort Collins and Loveland
Colorado law defines Theft – C.R.S. 18-4-401 – as:
- Intends to deprive the other person permanently of the use or benefit of the thing of value;
- Knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit;
- 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;
- 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; or
- Knowingly retains the thing of value more than seventy-two hours after the agreed-upon time of return in any lease or hire agreement.
Theft can be charged as a felony or misdemeanor in Fort Collins, Loveland, and Estes Park depending on the value of the items taken. The charts below explain the relationship between the stolen items’ values, level of charge, and penalty:
Petty Offense and Misdemeanor Theft-
| Class 1 Petty Theft Offense | Class 3 Theft Misdemeanor | Class 2 Theft Misdemeanor | Class 1 Theft Misdemeanor | |
| Item Value | Less than $50 | $50 to $299 | $300 to $749 | $750 to $1,999 |
| Maximum Penalty | *$500 fine
*6 months jail |
*$750 fine
*6 months jail |
*$1,000 fine
*12 months jail |
*$5,000
*18 months jail |
Felony Theft-
| Class 6 Felony Theft | Class 5 Felony Theft | Class 4 Felony Theft | Class 3 Felony Theft | Class 2 Felony Theft | |
| Item Value | $2,000 to $4,999 | $5,000 to $19,999 | $20,000 to $99,999 | $100,000 to $999,999 | $1,000,000 or more |
| Maximum Penalty | *$100,000 fine
*18 months prison |
*$100,000 fine
*3 years prison |
*$500,000 fine
*6 years prison |
$750,000 fine
*12 years prison |
*$1,000,000 fine
*24 years prison |
Because the pumpkin was worth about $200, if the thieves were ever caught, they could be facing a class 3 misdemeanor Theft charge. Can you imagine spending 6 months in the Larimer County Jail for taking a pumpkin?
If you or someone you love has been charged with Trespassing or Theft, be smart, exercise your right to remain silent, and contact the reasonably priced criminal defense attorney from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
Image Credit: Pixabay – OpenClipart-Vectors