Experienced Criminal Defense Attorney for Vandalism Charges in Colorado
If you have been accused of damaging someone else’s property in Colorado, you need an experienced Denver criminal mischief lawyer to defend you and your rights in the face of these allegations. At WeedenLaw, we understand the severe consequences that can come with criminal mischief charges and are willing to fight on your behalf, ensuring you receive the best possible outcome.
Whether you’re accused of minor vandalism or significant property damage, you need a skilled attorney who understands the legal system and can fight to protect your rights. At WeedenLaw, Denver property crime defense attorney Jeff Weeden is here to help you address these charges with confidence and build a strong defense.
Contact WeedenLaw today for a free consultation to discuss your case and learn how Jeff Weeden can work to reduce or dismiss your charges. Call (720) 307-4330 to schedule a free consultation with a criminal defense lawyer with us today.
What is Criminal Mischief?
Criminal mischief occurs when someone knowingly damages another person’s property. You can damage your own property, but you cannot knowingly damage any property that belongs to another person. This includes any property that you own jointly with another person.
Criminal Mischief Colorado Law
According to C.R.S. § 18-4-501, a person commits criminal mischief if they knowingly damage any real or personal property that belongs to one or more people. This includes any jointly owned property or property in which anyone else has a possessory or proprietary interest. In order to be considered criminal mischief, the property damage must occur during a single criminal episode.
In Colorado, real property refers to land and any structures affixed to that land, while personal property refers to any movable property that is not attached to any land.
A possessory interest is defined as a private interest in a government-owned property or a right to occupancy and use in order to lease the property. A proprietary interest is more broadly defined as any legally-recognized security interest.
It’s important to note that someone can only be charged with criminal mischief in Colorado if they knowingly cause property damage. Any acts of incidental damage are often handled in civil court and are not charged as crimes.
Criminal Mischief Examples
Criminal mischief in Colorado covers a range of actions that involve intentional damage to property owned by someone else. Below are some examples of actions that could result in someone being charged with criminal mischief in Colorado:
- Breaking windows on someone else’s home, car, or business
- Spray-painting graffiti on public or private property without permission
- Keying or scratching a vehicle intentionally to damage its paint
- Destroying fences or other boundary markers on someone’s property
- Tampering with utility equipment to cause damage or disruption of service
- Throwing objects at property that results in structural or cosmetic damage
- Damaging shared property in the course of a domestic dispute (this is common in domestic violence cases)
If you or a loved one has been charged with criminal mischief, understanding the specifics of the case is critical to building an effective defense.
Can You Go to Jail for Criminal Mischief?
Yes, in Colorado, you can go to jail or prison for criminal mischief if the market value of the destroyed property exceeds $300. A Denver criminal defense lawyer at WeedenLaw can evaluate your case and help determine whether or not you could face jail time based on the facts of your criminal mischief case.
Is Criminal Mischief a Felony?
In Colorado, criminal mischief can be a felony depending on the value of the damaged or destroyed property. If the market value of the damaged property equals $2,000 or more, then the alleged offender can be charged with felony criminal mischief.
Felony Criminal Mischief Charges
As mentioned above, if you commit criminal mischief in Colorado, the severity of your punishment will be directly linked to the value of the property you damaged. Below are the different penalty charges you may face based on the value of the property damage caused:
- Equal to $2,000 but less than $5,000: Class 6 felony
- Equal to $5,000 but less than $20,000: Class 5 felony
- Equal to $20,000 but less than $100,000: Class 4 felony
- Equal to $100,000 but less than $1,000,000: Class 3 felony
- Equal to $1,000,000 or more: Class 2 felony
Misdemeanor Criminal Mischief Charges
Just like with felony criminal mischief charges, if you are given a misdemeanor criminal mischief charge in Colorado, the severity of the charge is dependent on the value of the damaged property. Below are the different classifications of Colorado misdemeanor charges related to criminal mischief based on property damage costs.
- Less than $300: Petty offense
- Equal to $300 but less than $1,000: Class 2 misdemeanor
- Equal to $1,000 but less than $2,000: Class 1 misdemeanor
What is the Penalty for Criminal Mischief in Colorado?
The penalties for a criminal mischief conviction in Colorado will depend on the severity of the charge. For misdemeanor criminal mischief, the penalties include:
- Petty offense: Up to 10 days in jail, up to $300 in fines, or both
- Class 2 misdemeanor: Up to 120 days in jail, up to $750 in fines, or both
- Class 1 misdemeanor: Up to 364 days in jail, up to $1,000 in fines, or both
In addition to these penalties, those accused of misdemeanor criminal mischief may face additional penalties including mandatory community service and restitution payments to the property owner.
For felony criminal mischief, the penalties include:
- Class 6 felony: Between 1 year and 1 ½ years in prison, between $1,000 and $100,000 in fines, or both
- Class 5 felony: Between 1 year and 3 years in prison, between $1,000 and $100,000 in fines, or both
- Class 4 felony: Between 2 years and 6 years in prison, between $2,000 and $500,000 in fines, or both
- Class 3 felony: Between 4 years and 12 years in prison, between $3,000 and $750,000 in fines, or both
- Class 2 felony: Between 8 years and 24 years in prison, between $5,000 and $1,000,000 in fines, or both
Those facing felony charges under this legal statute may face additional criminal mischief penalties including mandatory minimum parole sentences and a permanent felony criminal record. 
Why You Need a Denver Criminal Mischief Defense Lawyer Like Jeff Weeden
Facing criminal mischief charges in Denver can be more complex than it may initially seem, as these cases often involve detailed property damage assessments and proving intent. As such, having an experienced criminal defense lawyer like Jeff Weeden on your side is essential to navigate these challenges effectively.
Attorney Jeff Weeden understands how to analyze the evidence, challenge property valuations, and scrutinize the prosecution’s claims of intent. By building a robust defense, he works to reduce or dismiss charges, shielding clients from harsh penalties such as jail time, fines, and a permanent criminal record.
Our experience handling criminal mischief cases gives us the knowledge to help people accused of these charges, ensuring you can seek justice. With Attorney Weeden’s dedicated representation, you can confidently fight for the best possible outcome in your case.
Defending Against Criminal Mischief Charges
Defending against criminal mischief in Colorado requires a thorough understanding of the circumstances surrounding the case. With the right defense strategy, it may be possible to have the charges reduced or dismissed. Some common defenses to criminal mischief include:
- The defendant did not intend to cause damage to the property, in which case the case would be handled in civil court rather than criminal court
- The property belonged solely to the defendant, and did not belong to the alleged victim
- The defendant was wrongfully accused of the crime by the property owner as a result of mistaken identity
- The defendant acted under duress or out of necessity
Denver criminal mischief attorneys like Jeff Weeden will be able to use their in-depth knowledge of Colorado law and common tactics used by prosecutors in these cases to build a strong defense against these charges.
See our blog post: Can Criminal Mischief Charged be Dropped?
Does Criminal Mischief Stay on Your Record?
If you are convicted of criminal mischief, it can stay on your criminal record, impacting your future employment, housing, and other opportunities. However, you may be able to seal the record depending on the specific circumstances of the case, such as the severity of the offense.
Most criminal mischief charges can be sealed after a two to three-year waiting period. A Class 2 or Class 3 felony criminal mischief charge, however, cannot be sealed away.
Contact an Experienced Denver Property Crimes Defense Lawyer at WeedenLaw for a Free Consultation Today
If you’re facing criminal mischief charges in the Denver, Colorado area, having an experienced Denver criminal mischief lawyer by your side is crucial to protecting your rights and your future. Property crimes like these can carry severe penalties, including jail time, fines, and a permanent criminal record, but having the right legal strategy can make all the difference in the outcome of your case.
Jeff Weeden at WeedenLaw has extensive experience defending clients against property crime charges and is dedicated to providing personalized, aggressive representation to the residents of Denver and beyond. He understands the nuances of Colorado property crime laws and how prosecutors build their cases.
By thoroughly investigating your case, challenging the evidence, and presenting a strong defense, he can work to reduce or dismiss the charges against you. Call (720) 307-4330 or contact us via our website to schedule a free consultation with us regarding your case.
