The offense of criminal mischief – also known as vandalism, is when an individual knowingly damages the property of another person. Even if the property is co-owned the individual who damaged the property can still face charges, as well as if the defendant owns the property but another individual has possessory or proprietary interest. Also, the state of Colorado classifies criminal mischief into two categories; misdemeanors and felonies. If you are facing charges for vandalism or criminal mischief, it is recommended that you seek legal representation.
Vandalism or criminal mischief in Colorado, carry severe penalties depending on various factors such as the value of the property, the extend of the damage, and if you are a repeated offender. Aside from having to pay hefty fines and serve time in jail, you may be asked to pay restitution for the property damage. Retaining an property crimes attorney in the early stages of your case can increase your chances of a favorable outcome.
Lawyer for Criminal Mischief/Vandalism in Colorado Springs
Criminal mischief in the state of Colorado can have associated crimes or related offenses such as domestic violence or assault. If you are facing a criminal mischief charges, it is imperative that you seek legal counsel. Retaining an attorney at the earliest stages of your case can help you retain your freedom and reputation. Additionally, if you’re facing felony charges having a highly qualified attorney by your side can make a difference, that is because criminal mischief charges cannot be sealed from your record unless the charges are dismissed.
Whether you are being charged with criminal mischief/vandalism, theft, or trespassing, contact the skilled and experienced attorneys of Law Offices of Clifton Black, PC. Our aggressive and skilled attorneys will work tirelessly for the most favorable outcome. We work with clients in Colorado Springs and across the surrounding areas of El Paso, Denver, and Arapahoe Counties. Call us at (719) 328-1616 to schedule a free initial consultation.
Overview of Criminal Mischief/Vandalism in Colorado
Domestic Violence & Criminal Mischief
Often times in family violence cases, a criminal mischief charges can be filed at the same time. That is to say, that criminal mischief charges can arise from a domestic dispute. Even if the defendant is a joint or partial owner of the residence/property he or she can face charges because the defendant has intentionally damaged the property. It is crucial to gain proper legal representation. Depending on the circumstances and the facts of your case you can face domestic violence or assault charges aside from criminal mischief/vandalism.
Penalties for Criminal Mischief
Under Colo. Rev. Stat. §18-4-501, criminal mischief involves damaging someone else’s property. A person commits criminal mischief when he or she knowingly damage the real or personal property of one or more persons, including property owned jointly with another person. In other words, regardless if the property is co-owned by the individual who damaged the property, he or she can still face charges of criminal mischief/vandalism.
Below are the penalties for criminal mischief depending on the value of the item or property that was damaged:
|Value of Property||Level of Offense||Fine||Jail/Prison Time|
|Less than $300||Class 3 Misdemeanor||$50 – $750||Up to 6 months in jail|
|$300 – $750||Class 2 Misdemeanor||$250 – $1,000||Up to 12 months in jail|
|$750 – $1,000||Class 1 Misdemeanor||$500 – $5,000||Up to 18 months in jail|
|$1,000 – $5,000||Class 6 felony||$1,000 – $100,000||Up to 16 months in jail|
|$5,000 – $20,000||Class 5 felony||$1,000 – $100,000||Up to 3 years in jail|
|$20,000 – $100,000||Class 4 felony||$2,000 – $500,000||Up to 6 years in jail|
|$100,000 – $1 million||Class 3 felony||$3,000 – $750,000||Up to 12 years in jail|
|More than $1 million||Class 2 felony||$5,000 – $1 million||Up to 24 years in jail|
Common Defenses for Criminal Mischief
Depending on the facts surrounding the defendant’s case, there are different options a criminal defense attorney can take to help the defendant reach a favorable outcome. Below are some common defenses used in criminal mischief or vandalism cases:
- Self-Defense – When defending yourself against an assault, it is possible to commit the crime of vandalism by throwing or damaging a property. Having an experienced attorney by your side can help you navigate through the process.
- Involuntary Intoxication – If you’re threatened into intoxication, and your actions led to a criminal mischief charge, consult with the experienced criminal defense attorney.
- Mistaken Identity – Often times individuals are at the wrong place at the wrong time. In many cases, the property owner may not have seen the individual who committed the offenses, or maybe they are able to get a quick glimpse. If the defendant matched the description and/or was in the area of the offense, he or she could face charges. A skilled and highly qualify attorney can provide you with legal options and investigate on your behalf.
Colorado Revised Statutes – Visit the link to view Colorado Revised Statutes for Title 18, the document includes the definitions, penalties, and additional resources.
Criminal Mischief Attorney in Colorado Springs, CO
If you are facing an allegation for vandalism or criminal mischief, having an experienced and knowledgeable attorney is vital to your freedom and future. At Law Offices of Clifton Black, PC, our skilled legal team advocate for our clients. At Law Offices of Clifton Black, PC, we treat our clients with attention and respect, we are all prepared to defend you. We represent clients in areas around El Paso county including Colorado Springs, Pueblo, and Woodland Park. Contact us at (719) 328-1616 to schedule your consultation.