O'Malley Law Office, P.C. Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351

Blog

Denver Criminal Mischief Primer

Criminal-Mischief-Primer.jpgGenerally, Criminal Mischief involves damaging another person's property. The criminal mischief statute, C.R.S. 18-4-501, requires that the person who damaged the property have a "knowing" mental state. In Adams, Jefferson, and Denver County, these charges are often in the context of domestic violence, meaning that the people involved had an intimate relationship. In cases where criminal mischief is alleged to be part of an act of domestic violence, the consequences can be very severe including a battery of costly domestic violence classes.

Felony and Misdemeanor Classification of Criminal Mischief

Similar to the crime of theft, this crime is classified based on the amount of damage.

•· $500 or less = Misdemeanor 2

•· Between $500 -$1000 = Misdemeanor 1

•· Between $1000 - $20,000 = Felony 4

•· $20,000 or greater = Felony 3

It is not a defense to the charge that the accused and victim co-owned the damaged property. It is still considered a crime against the victim.

How Value of Property is Determined in Criminal Cases

The other issue with criminal mischief is that prosecutors rely on the victim to value the item damaged. For example, I had a case where my client's wife cheated on him and he was so upset that he destroyed a fur coat that he had purchased for her right after they were married. The victim claimed the coat was worth $8,000.00 so my client was charged with a felony. However, the coat was in terrible condition and was nearly 15years old when the defendant damaged it. As a result, the charges were lowered based on the information we sought from an expert.

Other cases may involve limited damage to property. In those circumstances, the prosecutor is supposed to use the cost of repair as the basis for the charge, but they often mistakenly charge based on the value of the item and not the repair cost. An experienced attorney can address any issues of valuation as part of the defense to the charged conduct.

Individuals charged with criminal mischief in Arapahoe, Broomfield and Boulder County face serious repercussions regardless of the classification of the offense because the crime implies that the person may be a domestic abuser. Such a finding may disqualify people from owing a firearm, from employment opportunities, and renting suitable housing. Only an experienced attorney can identify possible defenses and work to protect your criminal history.

If you or a loved one are charged with criminal mischief, consult an experience attorney. We have spent years defending the accused against criminal mischief cases across Colorado. So, be smart, exercise your right to remain silent, and call us today at 303-731-0719. Together, we can protect your future.

No Comments

Leave a comment
Comment Information
Facing Charges? Get Help Now!

GET HELP NOW!

Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Case Results:

  • 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.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

FindLaw Network

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.