a-man-with-a-screwdrive

A Guide to Colorado’s Criminal Mischief Laws

COULD YOU BE CHARGED WITH CRIMINAL MISCHIEF, COLORADO?

In Colorado, criminal mischief happens when a person knowingly damages someone else’s real or personal property. If you are charged with criminal mischief in or near the Denver area, you must reach out at once to a Denver criminal mischief attorney for the legal help you will need.

In this state, criminal mischief may be charged and prosecuted as a felony, as a misdemeanor, or as a petty offense. The specific charge will depend on the value or extent of the property that was damaged or destroyed and the other details of the case.

What constitutes criminal mischief in Colorado? What are your rights if you are charged with criminal mischief in this state, and what steps will you have to take? Keep reading this brief discussion of criminal mischief and your rights in Colorado for the answers you may need.

HOW AND WHY DOES CRIMINAL MISCHIEF HAPPEN?

If you accidentally back over your neighbor’s mailbox because you were distracted, that is not considered criminal mischief in this state, but if you intentionally drive over the mailbox after an argument with your neighbor, you have committed criminal mischief.

You could be charged even if you jointly own the property you damage. If a divorcing couple jointly owns a vehicle and one spouse destroys it on purpose, that spouse could be charged with criminal mischief because he or she didn’t have the other’s consent to damage the vehicle.

HOW ARE CRIMINAL MISCHIEF AND DOMESTIC VIOLENCE LINKED?

Criminal mischief charges may arise from an argument that results in the destruction of property owned, especially in cases that involve domestic arguments and arguments among friends or neighbors. In some cases, incidents of vandalism are also considered criminal mischief.

CRIMINAL MISCHIEF

In Colorado law, if a criminal mischief charge is the result of an alleged incident of domestic violence, a mandatory domestic violence protective order will be issued that orders the suspect to have no contact with the alleged victim.

WHEN IS CRIMINAL MISCHIEF A PETTY OFFENSE OR A MISDEMEANOR?

A conviction for criminal mischief as a petty offense or as a misdemeanor in Colorado may be penalized with a jail term and/or a fine. How is criminal mischief charged in Colorado? Criminal mischief is charged as a:

  1.  Petty offense if the property damaged or destroyed is valued at less than $300
  2.  Class Two misdemeanor if the property damaged or destroyed is valued at or above $300 but less than $750
  3.  Class One misdemeanor if the property damaged or destroyed is valued at or above $750 but less than $1,000

WHEN IS CRIMINAL MISCHIEF A FELONY UNDER COLORADO LAW?

A conviction for criminal mischief as a felony in Colorado may be penalized with a prison sentence and/or a costly fine. Criminal mischief in Colorado is charged and prosecuted as a:

  1.  Class Six felony if the property damaged or destroyed is valued at or above $1,000 but less than $5,000
  2.  Class Five felony if the property damaged or destroyed is valued at or above $5,000 but less than $20,000
  3.  Class Four felony if the property damaged or destroyed is valued at or above $20,000 but less than $100,000
  4.  Class Three felony if the property damaged or destroyed is valued at or above $100,000 but less than $1 million
  5.  Class Two felony if the property damaged or destroyed is valued at or above $1 million

WHAT ARE THE OTHER CONSEQUENCES OF A CRIMINAL MISCHIEF CONVICTION?

A conviction for criminal mischief – or any criminal conviction in the State of Colorado – creates a criminal record that could make it difficult, at least in the short term, for you to find employment or housing, obtain a loan, or be accepted at some colleges and universities.

If you hold a professional license, a criminal mischief conviction – especially on a felony charge – may trigger disciplinary action by your state licensing board. If you are not a U.S. citizen, a felony conviction or a domestic violence-related conviction may prompt a removal proceeding.

RIGHT DEFENSE ATTORNEY

Depending on the details of your criminal mischief conviction, in most cases, it will be either two or three years before you may have the conviction sealed. However, if you are convicted of criminal mischief as a Class Two or Class Three felony, that conviction cannot be sealed.

HOW WILL YOUR ATTORNEY DEFEND YOU?

When a Denver criminal mischief lawyer defends you on criminal mischief charges, that lawyer will review the evidence, question witnesses, determine exactly what happened, protect your rights, answer your questions, and fight to bring your case to its best possible resolution.

If the state’s evidence is strong and your conviction is certain, your attorney may negotiate a plea deal to have the charge against you reduced, and in return, you would serve a reduced sentence. But if you are innocent, in most cases, you should reject a plea deal and insist on a jury trial.

It’s important – in fact, it is essential – to discuss your legal options with your defense attorney before you make any of these choices. Depending on the details of your criminal mischief case, your Denver criminal mischief lawyer may offer one of these defenses on your behalf:

  1. You damaged or destroyed the property accidentally, and you had no criminal intent.
  2. You destroyed or damaged the property as part of an effort to protect yourself or others.
  3. You have been misidentified, and someone else damaged or destroyed the property.
  4. You have been falsely accused, whether accidentally or intentionally.
  5. There was no actual property damage, and the accuser or the police were mistaken.

HOW CAN YOU CHOOSE THE RIGHT DEFENSE ATTORNEY?

The right Denver criminal mischief attorney can make the difference between an acquittal and a conviction for criminal mischief. For over twenty-five years, Denver attorney Daniel M. Murphy has successfully defended clients charged with criminal mischief and domestic violence.

RIGHT DEFENSE ATTORNEY

Daniel M. Murphy is a veteran Colorado criminal defense attorney who will give you honest legal advice and aggressive, effective defense representation. If you are charged with criminal mischief or domestic violence in the Denver area – now or in the future – make the call at once.

You can reach the Denver law offices of attorney Daniel M. Murphy by calling 303-996-8998. If you are facing a criminal mischief or domestic violence charge, or if you need to have a criminal mischief conviction sealed, your first consultation is offered with no cost and with no obligation.

Related Articles