Photo Of Kyle B. Sawyer
Photo Of Kyle B. Sawyer

Charged With A Crime? It Doesn’t Mean You’re Guilty.

Colorado Criminal Mischief – For Breaking, Scratching and Damaging Personal Property – Denver Defense Lawyers

On Behalf of | Nov 21, 2015 | Criminal Mischief |

Criminal Mischief, C.R.S. 18-4-501, is a property crime which can be charged as a class 2 Misdemeanor all the way up to a very serious Adams County class 3 Felony. It all depends on the value of the property damaged. If found guilty, defendants are usually required to pay restitution for damages in addition to whatever fine is imposed. County jail sentences and prison sentences are also possible.

Mindless Vandalism at the School of Mines in Jefferson County

Quite often, Criminal Mischief is committed by students who want to make memories while in high school or college. These are usually mindless acts not really directed at anyone in particular. It happens when someone does not stop to think about the seriousness of their actions and how it will impact others and themselves. A good example of this kind of behavior is the vandalism which occurred at the Jefferson County based Colorado School of Mines, in Golden Colorado, on July 4th of this year.

According to a news article, two people broke into a third floor research lab and turned on chemical showers which continued to run for about nine hours. Water damage to the building was extensive and the prank destroyed extensive amounts of research work that was being conducted in the lab. Two suspects were caught on camera inside the building at the time. Being expelled from the school is the least of their problems, as restitution costs would likely be in the hundreds of thousands of dollars. Read on how restitution and the dollar amount of damages is figured and can affect your charge level.

Real Denver Area Victims Should Not Be Prosecutors

When people are negatively impacted by the actions of others, victims often call for someone to be punished – even if it is uncertain who the perpetrators are. I noticed that in the news article a victim could not understand why two people came forward and admitted they were the ones captured on surveillance video. Is it possible the men in the video are not guilty? When I looked at the photos, the men were just walking around. However in Denver and Douglas County victims of crime are allowed run criminal cases by applying pressure on the legal system. Fearing criticism, prosecutors go along.

As a Criminal Defense attorney, I am often confronted with this problem. When I try to reason with Deputy District Attorney’s about plea deals, sometimes logic is thrown out the door simply because a biased named victim wants revenge. I believe this a serious breach of justice and the duty prosecutor’s have in our courtrooms today.

The Consequences for a Class 4 Felony Adams County Criminal Mischief Conviction

Video camera evidence is pretty solid. When men or women are found guilty of Criminal Mischief in Adams County, based on a high dollar amount of damages, they could be looking at six years in prison and a fine of up to $500,000.00, and be required to pay for the damages to their victim or an insurance company. If the damage is not a large enough tragedy, I believe it would be a bigger tragedy if women and men are convicted of a crime they did not commit.

If you are accused of Criminal Mischief in Arapahoe or Yuma County, I strongly recommend you contact an attorney as soon as possible before talking with police or an investigator from the District Attorney’s Office. Don’t be run over by a system that coddles those that cannot be fair and impartial. At the O’Malley Law Office, P.C., 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.