Criminal Mischief in Colorado: What’s at Stake
Criminal mischief occurs when a person knowingly damages the property of another, including property jointly owned by the accused. See 18-4-501 of the Colorado Revised Statutes. It can be either a felony or a misdemeanor, depending on the value of the alleged damage.
Criminal mischief can be charged in tire slashings, window breakings, tagging, and other acts of vandalism or revenge. But criminal mischief is charged just as often in cases of domestic violence, for example when one person throws a cell phone or punches the wall out of frustration. Even the slightest amount of damage is enough to be criminal. When criminal mischief is charged, jail, fines, probation, community service and restitution are on the table. The criminal conviction will be on your record forever, affecting employment opportunities down the road. A criminal lawyer can help protect your future by fighting the charges.
Matt Hand is a former prosecutor, aggressive trial lawyer, and has handled over one hundred criminal mischief cases.
Call 303-900-8480 for a free consultation with attorney Matt Hand.
Penalties for Criminal Mischief
Criminal mischief penalties in Denver, and all of Colorado, depend on the amount of the alleged damage:
- Less than $300: Petty Offense– up to 10 days in jail
- $300 – <$1000: Class 2 Misdemeanor– up to 120 days in jail
- $1000 – < $2000: Class 1 Misdemeanor– up to 364 days in jail
- $2000 – < $5000: Class 6 Felony– 12 to 18 months in prison
- $5000 – < $20,000: Class 5 Felony– 1 to 3 years in prison
- $20,000 – $100,000: Class 4 Felony — 2 to 6 years in prison
- $100,000 – $1,000,000: Class 3 Felony– 4 to 12 years in prison
- $1,000,000 or more: Class 2 Felony — 8 to 24 years in prison
Probation is often, but not always, a possibility. There is also the potential for enormous fines, as well as other sentencing modifications based on your particular circumstances, so consult with a lawyer. If the act involved damage to an automobile or defacing property (as in tagging, or graffiti), then on top of all the criminal penalties, the person’s driver’s license may also be suspended. Last, the alleged victim will usually demand restitution through the criminal courts, meaning you’ll have to pay for the value of the damage, or costs to repair the damage, if you’re convicted.
How to Defend Criminal Mischief Charges– What a Lawyer Can Do
Every case is different, but some defenses are more common than others in criminal mischief cases. In any criminal defense, your lawyer will defend your constitutional rights, investigate your case, and prepare for trial. The goal is always to get the case dismissed, win at trial, or poke enough holes in the case so that you receive a better plea bargain– no one mistake should define or destroy a person’s life. Below are some themes that are common in criminal mischief defense.
Identity
Did they even get the right guy? In cases where a property owner calls police to report damage, the culprit is usually long gone. Maybe the owner got a general description as the person fled, or there is some grainy security footage from the scene. If you were unlucky to fit the description and be in the area, you may be facing criminal charges. Maybe the victim assumed it was you because of an ongoing dispute you have with him or her, and the victim mistook an unfortunate coincidence for an act of revenge, and sent police to your house. Even if you are, in fact guilty, due process requires that the government be able to *prove* that you are, and that means presenting credible evidence tying you to the crime. These are central issues that should be considered in all cases, and investigated as necessary.
State of Mind
Did you know that your actions would cause the damage? Accidentally or recklessly causing damage is not criminal mischief in Colorado. When jurors evaluate your state of mind, they listen to all the direct and circumstantial evidence of whether your conduct was intentional, knowing, reckless, or just an accident. Even if you were acting carelessly, out of anger, that is not enough to support a conviction for criminal mischief– the government needs to show that you knew (or should have known) that your actions would cause the damage. A criminal lawyer with good trial skills can help develop the evidence to win an acquittal in cases like this.
Self Defense
Self defense is one of several affirmative defenses that may be relevant to a criminal mischief case in Colorado. The police may misconstrue legitimate self-defense as an act of aggression and charge you. It is not a crime if you damaged property in the course of reasonable self-defense. If you believe you were justified in causing the property damage, for any reason, talk to a lawyer soon.
Ownership of the Property
You are allowed to damage your own property! But if you damage property that you jointly own with the alleged victim, you can still be prosecuted for criminal mischief. The property has to be solely yours. This comes up occasionally in business disputes with damage to jointly-owned property. But typically this is an issue in domestic violence cases, where the ownership of the property is not obvious. With few exceptions, property acquired in a marriage is owned by both partners, regardless of who paid for it. But some property (gifts, or property owned from before the marriage, and other exceptions) is considered to be the legal property of just one partner. There are several such special situations that can come up in domestic violence criminal mischief cases, where the criminality of events turns on highly specific questions involving property and family law. A thorough criminal defense lawyer will know how to investigate these issues and use them to your advantage.
Amount of the Damage
Sometimes, the fault of a defendant isn’t really in question, but the dollar amount of damages is. And as discussed above, the dollar value of the damages can dramatically change the penalties a defendant faces. The DA will often try to aggregate separate incidents, or use inflated estimates, to get to a more serious charge. A seasoned criminal lawyer will be able to fight to lower the charges and penalties you are facing. Just because you made a mistake does not mean you do not deserve a vigorous defense.
In all criminal mischief cases, the stakes are high. A criminal lawyer with good trial skills is critical in defending your rights and reputation. Matthew Hand is a Denver criminal lawyer who has handled over one hundred criminal mischief cases. He knows how to get the best results for you.
Call 303-900-8480 for a free consultation with attorney Matt Hand.