Criminal Mischief involves an allegation that a person damaged, destroyed, or broke another person’s personal property on purpose. In Denver, Douglas, and Arapahoe County, the damaged property can be owned jointly by the accused and the alleged victim, or by the alleged victim alone. When a person is charged with Criminal Mischief, they need a tenacious lawyer capable of fighting against the government. Read here for the basic law of Criminal Mischief.
The Value of Damaged Property Determines the Severity of Charges
Government lawyers will support “victims” and their claim for inflated damages to property. In Adams and Jefferson County, District Attorneys will charge you with a crime that is based on the amount of money it costs to replace or repair the damaged items. In other words, the higher the cost of the item, the more punishment the government will seek. When someone is charged with Criminal Mischief, the District Attorney must prove the value of the item(s) damaged, beyond a reasonable doubt. This evidentiary burden on the government applies to all aspects of the offense. We often see alleged victims trying to make a profit off their used and previously worn out property.
A Real Life Example of Victim Greed
Recently, the District Attorney in El Paso County charged one of my clients with a felony because they valued the item damaged at over one thousand dollars, trying to make a profit. When our firm was hired on the case, we verified the make, model, and size of the item and began an investigation. Thankfully for our client, the television was actually $999.99 and did not meet the requirements for a felony charge. When the District Attorney learned of our investigation, they agreed to give my client a fair outcome for his situation and greatly reduced the charges and potential penalty.
Domestic Violence Can be Added as a Sentence Enhancer
A Criminal Mischief charge in Clear Creek, Gilpin, or Larimer County can be charged as a Domestic Violence offense in Colorado under C.R.S. 18-6-800.3. In truth, nearly every crime under Colorado law can be charged with the Domestic Violence sentence enhancer. Criminal Mischief is no different. Most Criminal Mischief cases involve Domestic Violence and our criminal defense lawyers fight hard to keep someone from getting a lifelong conviction for a Domestic Violence charge.
Criminal Mischief is a crime that requires the help of a trustworthy criminal defense lawyer. We fight for your rights. We strive to ensure you receive the best possible outcome, on every case, every day. So, if you or a loved one have been charged with Criminal Mischief, be smart, exercise your right to remain silent, and talk with an attorney at 303-731-0719. Together, we can protect your future.