In Arapahoe, Douglas, and Denver County, Criminal Mischief, C.R.S. 18-4-501, is a frequently charged crime involving the destruction of the property of another. Defenses can be successful with the assistance of a lawyer to fight the charges. Damaging someone else’s property can be charged as either a misdemeanor or a felony. The charge is based upon the amount of money it will take to repair or replace the property.
Many people think they can break their own belongings and that the police can’t do anything to stop them. Unfortunately, that is not always the case. In Adams, Jefferson, and Broomfield County, Criminal Mischief is also a crime when your damaged property is co-owned by someone else like a spouse, girlfriend / boyfriend, or family member. If the item was co-owned by someone with whom you have had an intimate relationship, then the police will charge the crime as Domestic Violence.
Let’s assume that you are mad at your wife and you throw a glass into the television. Both the glass and the television are broken. The police in Castle Rock arrive and begin to question you both about the incident. They will likely charge you with two counts of Criminal Mischief in the Douglas County Court because both the glass and the television were owned jointly with another.
The replacement cost of the item that was damaged in the action is vital to the overall case. If the television was inexpensive, you might be facing only two misdemeanor charges. But, if the television was worth over $1,000.00, then you will be facing a felony. One thing to always keep in mind is that Criminal Mischief charges are based upon the replacement value, not the value you paid. If you bought the TV ten years ago for $1,500.00 but it is now on sale for $999.99, you shouldn’t be charged with a felony.
The most important thing to remember with Criminal Mischief in El Paso, Weld, and Larimer County is to always hire an experienced lawyer to help you fight against the government. There are many defenses which a criminal defense attorney can argue. For instance, what if you had permission to break the items from your spouse? Should you still be charged and convicted? An attorney will be able to assess your case and provide you with the best representation possible.
So, if contacted by police who want to ask you about a destruction of property case, be smart, exercise your right to remain silent, and call the experienced Criminal Mischief lawyers at the O’Malley Law Office, P.C., at 303-731-0719. Together, we can protect your future.