Criminal Mischief, C.R.S. 18-4-501, is charged when someone knowingly damages property belonging to another person. This includes jointly owned property. If a Littleton, Colorado housewife intentionally breaks her dishes, which also belong to her husband, she may be charged with Criminal Mischief. This law also applies when property is in the possessory interest of another person. In other words, if a landlord in Aurora, Colorado intentionally damages his own property which is being rented to another person, the landlord can be charged with Criminal Mischief.
Current Criminal Mischief and Classes of Crimes
Once a prosecutor believes a person knowingly damaged the property of another, the only factor left to decide is the dollar amount of damage. The dollar amount determines the class of crime and what is at stake for the defendant. The chart below shows the current classes of crimes based on the value of property damage.
| Dollar Amount of Damage | Class of Crime | Maximum Penalty |
| Less than $500.00 | Class 2 Misdemeanor | 12 months jail / $1,000 |
| $500.00 or more and less than $1,000.00 | Class 1 Misdemeanor | 18 months jail / $5,000 |
| $1,000.00 or more and less than $20,000.00 | Class 4 Felony | 6 years prison / $500,000 |
| $20,000.00 or more | Class 3 Felony | 12 years prison / $750,000 |
Changes to Criminal Mischief Coming Soon to a Court Near You
In April of 2014, the Colorado General Assembly passed new legislation changing the dollar amounts associated with each class of crime in Criminal Mischief cases. The new law went into effect August 6, 2014, and the chart below reflects those changes.
| Dollar Amount of Damage | Class of Crime | Maximum Penalty |
| Less than $300.00 | Class 3 Misdemeanor | 6 months jail / $750 |
| $300 or more and less than $750 | Class 2 Misdemeanor | 12 months jail / $1,000 |
| $750 or more and less than $1,000 | Class 1 Misdemeanor | 18 months jail / $5,000 |
| $1000 or more and less than $5,000 | Class 6 Felony | 18 months prison / $100,000 |
| $5,000 or more and less than $20,000 | Class 5 Felony | 3 years prison / $100,000 |
| $20,000 or more and less than $100,000 | Class 4 Felony | 6 years prison / $500,000 |
| $100,000 or more and less than $1,000,000 | Class 3 Felony | 12 years prison / $750,000 |
| $1,000,000 or more | Class 2 Felony | 24 years prison / $1,000,000 |
If you or someone you care about has been charged with Criminal Mischief in Weld, Douglas, or Denver County, or anywhere in Colorado, you should call the O’Malley Law Office, P.C. as soon as possible. We have handled hundreds of these cases and have the experience to help you. We know how to help you through the legal system and how to get the best possible result in your case. Be smart, exercise your right to remain silent, and call us at 303-731-0719. Together we can protect your future.