Colorado Springs Criminal Mischief Lawyers

Helping Clients Fight Back Against Allegations of Criminal Activity

Criminal mischief is an often misunderstood charge because it sounds like it would be harmless fun or a mild prank. But Colorado law treats it as a serious criminal matter. Criminal mischief can even be a Class 2 felony if the value of the property damage is high enough. Criminal mischief cases can involve many factors, as it’s common for these situations to arise out of disputes between former friends or romantic partners or even family conflicts. What starts as a private disagreement can quickly become a legal matter that can have lasting consequences long after the damage has been repaired.

If you have been accused of criminal mischief, the legal team at Peakstone Law Group, LLC, can help. We understand that sometimes emotions get the best of us, and we believe that a momentary lapse in judgment shouldn’t cost you your freedom. We can help you understand the charges you’re facing and your legal options to fight them. Call our Colorado Springs office at 719-689-8861 to schedule a consultation with a criminal defense attorney to get started.

What Are Criminal Mischief Charges in Colorado?

Many people think of writing graffiti on a wall or breaking a window when they think of criminal mischief. But the law defines it much more broadly than this. Colorado’s Criminal Code specifies that someone has committed criminal mischief if the person “knowingly damages the real or personal property of one or more other persons, including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode.”

The key points here are that:

• The damage must have occurred all at one time
• The damage must have been knowingly caused

The broad definition in the statutes means that many situations could qualify as criminal mischief, such as:

• Throwing a dish at the wall and breaking it
• Knowingly breaking a window
• Carving initials into a bench
• Kicking down a door
• Spray painting a wall

The bottom line is that if there was damage to a piece of property and that damage was caused knowingly, the person responsible could face criminal charges.

Is Criminal Mischief a Felony or Misdemeanor?

Criminal mischief can be a petty offense, a misdemeanor, or a felony. This is important to understand because many people don’t take these charges seriously, thinking that they are only a “small” crime and that there are no significant penalties. The truth is that, depending on the particular circumstances, a defendant can face multiple years in prison and thousands of dollars in fines.

The most important determining factor in how criminal mischief is charged is the value of the property damage. Colorado Criminal Code breaks it down as follows:

• Less than $300: Petty offense
• $300-$999: Class 2 misdemeanor
• $1,000-$1,999: Class 1 misdemeanor
• $2,000-$4,999: Class 6 felony
• $5,000-$19,999: Class 5 felony
• $20,000-$99,999: Class 4 felony
• $100,000-$999,999: Class 3 felony
• $1 million+: Class 2 felony

While it’s true that a petty offense is punishable by a maximum of 10 days in jail and a fine of up to $300, misdemeanor and felony charges carry more serious consequences:

• Class 2 misdemeanor: up to 364 days of incarceration and a fine of up to $1,000
• Class 1 misdemeanor: up to 18 months incarceration and a fine of up to $5,000
• Class 6 felony: up to 18 months incarceration and a fine of up to $100,000
• Class 5 felony: up to 3 years incarceration and a fine of up to $100,000
• Class 4 felony: up to 6 years incarceration and a fine of up to $500,000
• Class 3 felony: up to 12 years incarceration and a fine of up to $750,000
• Class 2 felony: up to 24 years of incarceration and a fine of up to $1 million

Keep in mind that these are the maximum possible penalties, and most defendants will see reduced sentences even if convicted. However, there are also mandatory minimum sentences, which means someone convicted will serve time in most cases for misdemeanor or felony charges.

What Are the Most Important Elements in a Criminal Mischief Case?

The most essential elements of a criminal mischief case are generally the intent to cause damage and the value of the damage. However, there are other aspects to consider and be aware of as well.

Acting With Intent

Under Colorado law, a defendant must act knowingly for certain crimes, including criminal mischief. “Knowingly” is defined in Colorado Revised Statutes § 18-1-501(6) as when a person is aware that their conduct is practically certain to cause a particular result. This is different from simply intending to commit a crime.

For example, if someone accidentally breaks an item in a store while browsing, they likely did not act knowingly. However, if a person deliberately throws merchandise to the ground, knowing it is practically certain to be damaged, that could meet the standard for acting knowingly. Whether the defendant acted knowingly is often a central question, with the prosecution arguing the conduct was aware and deliberate, and the defense arguing it was accidental.

Value of the Damage

The value of the damage is the key determining factor in the exact charge the defendant faces, and this can be the difference between only having to pay a fine and spending years behind bars if convicted. The prosecution is responsible for establishing the value of the damage and ensuring that the valuation is accurate. However, it’s common for damage valuations to be inflated, so it’s always something that a defense attorney will look at closely.

For example, abandoned buildings are a common site for criminal mischief allegations. The prosecution may claim that the defendant caused tens of thousands of dollars’ worth of damage. But if the defense can show that most of that damage was already present, it can significantly drop the valuation and, therefore, the seriousness of the charges.

Single Criminal Episode

The law states that the damage occurs within a single criminal episode. This means that all of the damage is counted and valued together, which can make a difference in the valuation of the case. Many people think that the damage is minor and are then surprised when all of the different parts and pieces are totaled up.

Can You Still Be Charged With Criminal Mischief If You Also Owned the Property?

It’s a common misconception that you can’t be charged with criminal mischief if the property is yours. This is true if the property is only your own property, but the law specifically allows for someone to be charged with criminal mischief if they damage property owned by one or more persons, including property that is jointly owned by them and someone else. This comes up most often in family disputes and domestic violence cases when a defendant is accused of damaging joint property in an attempt to hurt the other person.

Here’s a simple example of how this might relate to a domestic dispute. Partner A and Partner B have a car that is in both of their names, but Partner A is the primary driver. Partner B slashes the tires after a fight. Even though the property technically belongs in part to Partner B, they can still be charged with criminal mischief because it was jointly owned. The thought process behind this is that the defendant is also damaging the alleged victim’s interest in the property.

What Are the Other Consequences for a Criminal Mischief Conviction?

A criminal conviction can result in other consequences besides serving time in a jail or state prison or having to pay a fine. The penalties for criminal mischief can also include parole/probation, community service, required participation in an anger management program (especially if the incident was related to a domestic violence dispute), and having to pay the other party restitution.

A criminal conviction can also affect other areas of your life. For example, while you’re serving time, you may miss important family milestones, and it can affect child custody and parenting time orders. If you’re convicted of a felony, this can make it more difficult to find employment in specific industries or even to volunteer at your children’s school.

What Should You Do If You’ve Been Arrested for Criminal Mischief in Colorado?

Being arrested is a challenging experience, and it’s common for people to talk too much as they try to explain what they did or didn’t do to police officers. However, one of the most important things you can do for your defense is to be quiet. The only thing you should say is that you want to speak to a criminal defense lawyer.

Contacting a defense attorney early can ensure that you understand what’s happening and have someone on your side to protect your rights. This also means that they can start collecting documentation and evidence that can help your case later on. These cases often move from arrest to court hearings quickly, so it’s critical to have legal representation as soon as possible.

If you’ve been accused of defacing property or another act of criminal mischief, contact the attorneys at Peakstone Law Group at 719-689-8861. You can schedule a confidential case evaluation with a Colorado Springs criminal mischief attorney who can help you determine your next steps.