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criminal mischief photoCriminal mischief occurs any time a person damages another’s property without the owner’s permission, no matter how minor or severe the harm. The definition of criminal mischief varies slightly by state and may also be known by other names, such as malicious mischief, vandalism, damage to property, or criminal damage.

Criminal mischief penalties can be severe and may include prison time. If you were charged with criminal mischief in Colorado, the Denver defense attorneys at Wolf Law LLC are here to help you understand your options and achieve a fair resolution.

Criminal Mischief in Colorado

Under Colorado law, criminal mischief occurs when someone “knowingly damages the real or personal property of one or more other persons.” This crime does not include stealing, but rather anything that damages, breaks, or defaces another person’s property.

Because the definition in Colorado law requires the crime to be committed “knowingly,” it is impossible to accidentally commit criminal mischief. For example, if you’re spray painting furniture and accidentally get paint on your neighbor’s fence, you can’t be charged with criminal mischief. However, if you intentionally spray paint your neighbor’s fence without their permission, you can be charged with criminal mischief.

Criminal Mischief and Domestic Violence

In a domestic violence case, the accused may be inclined to think that they have a right to damage property that they own with their spouse or partner. However, the section of Colorado law dealing with criminal mischief shows this is not the case. The full excerpt from the law states:

“A person commits criminal mischief when he or she 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.” 

For instance, the person accused of domestic violence could break a glass by throwing it or damage a wall by punching it. In this scenario, the accused would be charged with criminal mischief, in addition to any assault and domestic violence charges they may be facing, despite the fact that they own the property they damaged.

Types of Criminal Mischief

There are many crimes that can be labeled as criminal mischief depending on the circumstances. The attorneys at Wolf Law can work with with individuals charged with criminal mischief who have:

  • Committed vandalism, defaced property, or painted graffiti
  • Tampered with emergency exits, fire alarms, or utility meters
  • Removed survey markers
  • Set off smoke bombs
  • Introduced viruses to a person’s or business’s computer
  • Slashed tires
  • Broke windows
  • Damaged property as a result of domestic violence

Criminal Mischief Penalties

The penalties faced for criminal mischief depend on the total value of the damaged or destroyed property. Additionally, if the crime involved a vehicle, the accused could have their driver’s license revoked or suspended.

The penalty structure for criminal mischief charges according to C.R.S. 18-4-501 is as follows:

  • Value of damage is less than $300: Class 3 misdemeanor punishable by up to 6 months in jail and $750 in fines.
  • Value of damage is between $300 and $750: Class 2 misdemeanor punishable by up to 1 year in prison and $1,000 in fines.
  • Value of damage is between $750 and $1,000: Class 1 misdemeanor punishable by up to 1.5 years in prison and $5,000 in fines.
  • Value of damage is between $1,000 and $5,000: Class 6 felony punishable by up to 1.5 years in prison and $100,000 in fines.
  • Value of damage is between $5,000 and $20,000: Class 5 felony punishable by up 3 years in prison and $100,000 in fines.
  • Value of damage is between $20,000 and $100,000: Class 4 felony punishable by up to 6 years in prison and $500,000 in fines.
  • Value of damage is between $100,000 and $1,000,000: Class 3 felony punishable by up to 12 years in prison and $750,000 in fines.
  • Value of damage is $1,000,000 or more: Class 2 felony punishable by up to 24 years in prison and $1,000,000 in fines.

It is possible for someone charged with criminal mischief to get probation. The likelihood of this depends on the circumstances of the crime. If you’ve been sentenced to jail time as a result of criminal mischief charges, consult with a criminal defense lawyer to find out if you may be eligible for probation.

Criminal Mischief Defenses

Depending on the circumstances of the charges, there are varying approaches a criminal defense lawyer can take to help you achieve a positive outcome. Some common defenses used in criminal mischief cases include:

  • Mistaken identity: In many cases, the property owner never sees the person who committed the crime, or they may have only seen the culprit as they were running away. If you matched the description of the culprit and were in the area at the time of the crime, you could face charges even though you aren’t guilty. There have also been cases in which people were charged with criminal mischief because of a personal vendetta the property owner had against them.
  • Insanity or impaired mental state: Perhaps your state of mind was altered when you committed the crime. Things like trauma, emotional anguish, and PTSD can cause people to do things they wouldn’t normally do.
  • Self-defense: It is technically possible to commit criminal mischief if you are acting in self-defense. If for example you are assaulted, your only defense may be to throw something at your attacker. While you may break or damage property in this process, you did so to protect yourself and should not be charged with criminal mischief.
  • Exaggerated damages: The prosecuting attorney in your case wants to see you receive the highest charge possible. In an attempt to accomplish this, they may use inflated figures to say that you caused more damage than you did. Criminal defense attorneys are skilled at collecting accurate evidence that shows the true value of damage, which could save you from facing a higher charge than necessary.
  • Choice of evils: This defense may be more relevant to minors than adults. For instance, if a teenager is being pressured to commit a crime, and has a choice between breaking and entering or vandalizing someone’s property, they may choose vandalism. While this would be criminal mischief, a criminal defense lawyer could argue that the teen was making the best decision they could based on the circumstances.
  • Wrongful imprisonment: Often seen in domestic violence cases, if the victim is being held against their will, they may have no choice but to damage property in order to escape or reach safety.
  • Involuntary intoxication: This is another situation that arises out of peer pressure, whether it be in children or adults. If you are threatened to the point where you are forced to become intoxicated, you shouldn’t be punished for your actions while impaired.

Colorado Criminal Mischief Lawyers

Criminal mischief charges are not to be taken lightly. Not only can they send you prison and cost you thousands of dollars in fines, but they can ruin your personal and professional life forever.

If you’ve been accused of criminal mischief, do not wait to speak to a criminal defense lawyer. At Wolf Law LLC, we use our experience to defend your rights and see to it that you get a fair trial. Schedule your free consultation to speak with a criminal defense attorney by calling 720-479-8574 or contact us online.

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I Was Very Well Represented by Jeff

Regarding a DV assault charge, Jeff was able to have the judge do something he stated he’d never done in any similar case: he deferred my sentence, reduced probation, reduced the amount of classes I would have to take from being many weeks on end to 2 days, and instead of requiring a no-contact order (which would have left me homeless and unable to speak to my partner via any means), he placed me on a no-contact order with alcohol… That alone was the best thing I could hear.

Without going into details of my case, this was the best possible outcome I could have been given, and I’m so happy that I was recommended to him by a fellow law professional that went to school with Jeff. I will be using him again when the time comes to put this case behind me for good, and would recommend him to anyone who needs expert defense, and wants someone to explain your case in simple, yet professional terms. I felt very well taken care of. Thank you again, Jeff!

— Laurie A.

Complete Satisfaction

Jeff took on 2 cases for me with complete success. He is extremely sharp and confident. Jeff really gets to know his clients and is very sympathetic to their needs.
The relationships he has with prosecutors and the judges was pure respect. When he spoke he had the ears of the courtroom. He speaks very eloquent and exudes confidence that translates into the result I was looking for, “Case Dismissed.”

I highly recommend his services. If you are need of his services you will get more than what you pay for.

— Steven L.

Best Possible Outcome Thanks to Wolf Law

When I walked into the office I was at a low point I can’t describe. When I talked to Jeffrey Wolf I wanted to hear, “Don’t worry, you’re going to be fine.” Instead I was told the honest truth: I was in serious trouble, but he would fight like crazy to get me the best possible outcome. After thinking about that I realized it was far better to hear the truth rather than a lawyer trying to get my business, and in the end I got exactly what Jeff said: Good advice, an excellent professional defense, and I believe the best possible outcome I could have wanted. I highly recommend Wolf Law.

— David R.

APPRECIATION

I would like to place on record the immense appreciation for Ms Colleen Kelly, Partner at Wolf Law LCC. I had an opportunity as a Solicitor to interact with her on behalf of one of my clients in a DV Matter. Her professionalism and knowledge of law is absolutely outstanding. She is extremely honest and straightforward in her legal advice. She always keeps the interest of the client a priority and safe guards the interest of the client at all times. She is an asset to the legal team and adds value with her expertise and knowledge.

— Nirvikar Singh, Advocate Supreme Court of India

Incredible Representation

I cant say enough positive things about my experience with Jeff Wolf. This was my first time needing a lawyer for representation, and Jeff made me feel informed and secure throughout the whole process. I couldn’t have asked for a better person on my side. He was able to navigate me thru a stressful time and it meant the world to me. He was great with DA; calm, but firm and determined to get me the best possible result. Also, the presiding judge clearly thought highly of Jeff Wolf. I would highly recommend Jeff Wolf to anyone looking for legal representation.

— Kierlyn C

Highly Recommend Wolf Law for DUI Cases

I hired Jeff Wolf to represent me for a DUI and accident involving damages. While I knew I was 100 percent in the wrong, Jeff never once made me feel like a terrible person for making a mistake. He quickly responded to emails and always called me back quickly when I had questions (I had a lot of questions). I’ve never been in trouble with the law before, and Jeff was patient in explaining everything thoroughly to me throughout the entire process, and was also able to get my sentence reduced. I recommend him to anyone going through a similar situation.

— Emily

Hit and Run Charges

I had multiple charges stacked against me by the CSP office for a questionable “hit and run” in my office parking lot. Jeff reviewed the video evidence and was able to get the charges reduced from 26 points against my driver’s license down to 4. He was also able to get the fines reduced to the minimum amount! Jeff was extremely knowledgeable and helped ease my fears each time we spoke and explained the whole process and what to expect along the way. Thank you, Jeff!

— Jim M.

Great results. Great to work with.

I had an amazing experience working with Wolf Law, and specifically Cassandra Monahan. I was involved in a car accident and Miss Monahan not only got the ticket dismissed, but did it quickly and effectively. Moreover, she was great to work with, showing a genuine care for me and my case. I would highly recommend Wolf Law and Cassandra for anyone who needs representation with respect and results!

— Rob T.

Wolf Law and Colleen Kelley are Great

Had the chance to work with Colleen Kelley and found her not only to be a great attorney, but also someone who will fight for you! Highly recommend her…

— Tom S.

Domestic Violence Defense

I hired Jeff Wolf to represent me in a domestic violence defense case. The results were excellent. Him and his team are awesome. They handled everything for me. Trust your freedom with Wolf Law!

— - John D.