Defacing, Destroying Or Removing Landmarks, Monuments Or Accessories in Colorado

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Statute for 18 – 4 – 508 – Defacing, Destroying Or Removing Landmarks, Monuments Or Accessories

StatuteHere is the charge you are facing:

18-4-508. Defacing, destroying, or removing landmarks, monuments, or accessories

(1) Any person who knowingly cuts, fells, alters, or removes any certain boundary tree knowing such is a boundary tree, monument, or other allowed landmark, to the damage of any person, or any person who intentionally defaces, removes, pulls down, injures, or destroys any location stake, side post, corner post, landmark, or monument, or any other legal land boundary monument in this state, designating or intending to designate the location, boundary, or name of any mining claim, lode, or vein of mineral, or the name of the discoverer or date of discovery thereof, commits a class 2 misdemeanor.

(2) Any person who knowingly removes or knowingly causes to be removed any public land survey monument, as defined by section 38-53-103 (18), C.R.S., or control corner, as defined in section 38-53-103 (6), C.R.S., or a restoration of any such monument or who knowingly removes or knowingly causes to be removed any bearing tree knowing such is a bearing tree or other accessory, as defined by section 38-53-103 (1), C.R.S., even if said person has title to the land on which said monument or accessory is located, commits a class 2 misdemeanor unless, prior to such removal, said person has caused a Colorado professional land surveyor to establish at least two witness corners or reference marks for each such monument or accessory removed and has filed or caused to be filed a monument record pursuant to article 53 of title 38, C.R.S.

Case Law

When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases.  To answer these questions, Defense Attorney turn to "case law."  That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.


Colorado Penalties for Defacing, Destroying Or Removing Landmarks, Monuments Or Accessories

Penalties

The charge of Defacing, Destroying Or Removing Landmarks, Monuments Or Accessories, is categorized as a:

M2

Click here to find out how much jail time is associated with this penalty.

How to Use This Information

After you have hired a CO Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case.  To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty.  These things are called “elements”.

The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your CO Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.

Please find the model jury instruction for Defacing, Destroying Or Removing Landmarks, Monuments Or Accessories below. These will be adapted by your CO Attorney for your case.

The elements of the crime of defacing, destroying or removing landmarks, monuments or accessories are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, and 3. [knowingly, 4. [cut] [fell] [altered] [removed] any certain boundary tree, 5. knowing such was a [boundary tree] [monument] or other allowed landmark, 6. to the damage of any person.] -or- 3. [intentionally, 4. [defaced] [removed] [pulled down] [injured] [destroyed] any [location stake] [side post] [corner post] [landmark] [monument] or any other legal land boundary monument in this State designated or intended to designate the [location] [boundary] [name] of any [mining claim] [lode] [vein of mineral] or [name of the discoverer] [date of discovery] thereof.] -or- 3. [not having had a land surveyor, prior to removal, establish two witness corners or reference marks for the monument and file a monument record accordingly, 4. [knowingly removed] or [knowingly caused to be removed], 5. any [public land survey monument] or [restoration of a public land survey monument].] -or- 3. [not having had a land surveyor, prior to removal, establish two witness corners or reference marks for the monument and file a monument record accordingly, 4. [knowingly removed] [knowingly caused to be removed] 5. any bearing tree or other accessory, 6. knowing it was a bearing tree or other accessory.] [5., 6. or 7. without the affirmative defense in instruction number . ] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of defacing, destroying or removing landmarks, monuments or accessories. After considering all the evidence, if you decide the prosecution has failed to prove each of the elements beyond a reasonable doubt, you should find the defendant not guilty of defacing, destroying or removing landmarks, monuments or accessories. NOTES ON USE Delete inapplicable bracketed material. The definition of “public land survey monument” or “bearing tree” should be given if the offense involves damage to such. These offenses apply even if the defendant has title to the land on which the monument or accessory is located. Where applicable, the definitions of ?knowingly? and ?intentionally? should be given with this instruction.

To begin the process of analyzing your case, think about your case from the perspective of the prosecutor.  Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your Denver Colorado Criminal Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence.  Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court.  For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court.  Additionally, talk to your attorney about whether you have any defenses to Defacing, Destroying Or Removing Landmarks, Monuments Or Accessories.

Important Notes:

Don’t Forget about Immigration:

If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.

Good Luck!

The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.

Written by

Nathaniel has worked in criminal law on both sides of the aisle spending time working for the prosecution as well as the defense. Most recently Nathaniel has represented individuals in violent felonies and drug cases. Prior to this work, Nathaniel handled DWIs, Domestic Violence Cases, Property Crimes, and White Collar Crimes. On the prosecutorial side, Nathaniel has most notably worked in Bosnia helping to prosecute individuals who committed war crimes and crimes against humanity in the Bosnian War from 1993-1995. In particular, Nathaniel helped in the prosecution of military leaders who arranged for the organized murders and rapes of innocent civilians in various towns in Bosnia. Nathaniel is a graduate of the University of Texas School of Law, Northwestern University, and Phillips Exeter Academy. Google Profile: Nathaniel Baca