Criminal Mischief in Colorado

Criminal Mischief Involves Damage to the Property of Others

Colorado's Criminal Mischief statutes deal with damage to the property of someone else. This crime is found at C.R.S. 18-4-501, and the severity of the offense charged is very similar to Colorado's Theft statute. The value of the item damaged determines the class of misdemeanor or felony:

For items valued under $500, it is a class 2 misdemeanor,
For items valued from $500 to $1,000, it is a class 1 misdemeanor,
For items valued from $1,000 to $20,000, it is a class 4 felony,
For items valued from $20,000 and up, it is a class 3 felony.

The property value classes stated above are the aggregate or sum of all property damaged in the course of a single criminal episode. If several things belonging to an alleged victim are damaged, the government will add the value of all of the damaged items and charge as seriously as possible. In an effort to charge a defendant as harshly as possible, the police often use the value of the item when it was new, to determine what class of crime to charge. So, for example, if a TV cost $1200.00 five years ago, and can now be replaced for $800.00, the defendant will still be charged with a felony despite the replacement value of the item being in the misdemeanor range. Our lawyers frequently argue to judges, district attorneys and juries that an item's true value is much less than charged. We are able to get charges reduced to the correct dollar amount in most cases.

Jointly Owned Property

Criminal Mischief charges in Denver, Douglas, Arapahoe, Adams and Jefferson Counties, often arise in pranks, vandalism, and Domestic Violence cases. In domestic violence cases, property belonging to the person charged is still subject to this offense if the alleged victim says the property belonged to her or him in addition to the defendant. Under C.R.S. 18-4-501, this joint property ownership will allow the police to prosecute someone for damaging their own property. This crime will support a domestic violence charge label, as well, even if the "significant other" is not present when the property damage occurred.

As mentioned above, this crime is very similar to Colorado's Theft statute. The penalties are almost identical. In one case, the property is completely taken (theft). In another, it is simply damaged (criminal mischief). In both instances, the reality is that the property owner has lost either the use of an item entirely, or has lost a portion of its value.

We have represented good people like you in many Criminal Mischief cases. We fight for our clients to get their cases dismissed, for restitution that is fair, and for the whole story of what happened to be told. We guard your employment and freedom. We look forward to meeting you during a free initial consultation at our office. If you are contacted by police concerning property damage to someone else's property or even your own, be smart, exercise your right to remain silent, and call our full-time Criminal Defense attorneys at 303-731-0719. Together, we can protect your future.

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Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.

Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.

Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.

Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.

Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.

Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.

Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.

Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.

Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado

Rape and Sexual Assault on a Child by Position of Trust. Dismissed by District Attorney during trial. Douglas County, Castle Rock, Colorado.

Animal Cruelty. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Domestic Violence, Elderly. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.

Felony Interference with Public Transportation (train system). Deferred Judgment & Dismissed. Douglas County, Castle Rock, Colorado.

Sexual Assault on a Child. Acquittal from jury trial. Grand County, Hot Sulphur Springs, Colorado.

Homicide (Murder), Deadly Weapon. Dismissed by District Attorney. Denver County, Denver, Colorado.

Commercial DUI. Dismissed at DMV. Deferred judgment and sentence at trial court. Larimer County, Fort Collins, Colorado.

Felony Marijuana Possession (large quantity). Deferred judgment and sentence. Denver County, Denver, Colorado.

4th Degree Arson. Dismissed by District Attorney. Weld County, Greeley, Colorado.

Felony Drug Possession. Dismissed at Motions Hearing by suppression of evidence. Denver County, Denver, Colorado.

Felony Assault on Police Officer. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Deregistration of Juvenile Sex Offender. Arapahoe County, Aurora, Colorado.

Felony Violation of Bail Bond Conditions. Dismissed by District Attorney. Broomfield County, Broomfield, Colorado.

Sexual Assault on a Child (3 alleged victims). Acquittal from jury trial. Adams County, Northglenn, Colorado.

Child Abuse. Deferred judgment and sentence. Jefferson County, Golden, Colorado.

DUI - Department of Motor Vehicles. Dismissed following hearing. Jefferson County, Lakewood, Colorado.

Child Abuse. Acquittal from jury trial. Adams County, Thornton, Colorado.