Criminal Mischief and Property Damage in Colorado

Criminal Mischief in Arapahoe County |  Damage to Property of Others or CoOwners

Colorado's criminal mischief statute in Aurora and Arapahoe County deals 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.

Criminal Mischief Charge Value of Items by Category in Denver Courts

The cumulative value of the items damaged determines the class of Criminal Mischief misdemeanor or felony in Denver Courts:

  • For real or personal property items damaged are valued under $300, it is a Class 3 misdemeanor;
  • For items valued at least $300 but under $750, it is a Class 2 misdemeanor;
  • For items valued from $750 to less than $1,000, it is a Class 1 misdemeanor;
  • For real or personal property items valued from $1,000 to less than $5,000, it is a Class 6 felony;
  • If the damage caused is $5,000 but less than $20,000, it is a Class 5 felony;
  • If the items damaged are valued at least $20,000, but less than $100,000, it is a Class 4 felony;
  • If the damaged items are worth $100,000 but under $1,000,000, it is a Class 3 felony;
  • For real property or personal property damaged in total are $1,000,000 or more, you will be charged with a Class 2 felony.

Jefferson County Court Tricks for Criminal Mischief Valuing of Items Damaged

The property value classes in Jefferson County stated above, are the aggregate or total sum of all property damaged in the course of a single Criminal Mischief criminal episode. If several things belonging to an alleged victim are damaged at one time, the Jefferson County Sheriff or Lakewood Police, and District Attorney, will add the value of all of the damaged items together and charge you as seriously as possible.

In an effort to charge a defendant harshly, Wheat Ridge Police Officers 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 $1,200 five years ago and can now be replaced for $800, 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 is Criminal Mischief in Douglas County, Colorado

Criminal Mischief charges in Douglas County often arise from 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 him or her jointly with the defendant. Under C.R.S. 18-4-501, this Castle Rock joint property ownership will allow the police to prosecute someone for damaging his or her own property! Criminal Mischief will support a Parker domestic violence charge label as well, even if the "significant other" is not present when the property damage occurred.

Criminal Mischief is Almost the Same as Theft in Adams County Courts

As mentioned above, this crime is very similar to Adam's County 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 Westminster and Northglenn, the reality is that the property owner has lost either the use of an item entirely or a portion of its value.

We have represented hundreds of people like you in 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 consultation meeting 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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