As a criminal defense lawyer in Colorado Springs and Teller County, I often represent people charged with Criminal Mischief. This charge can mainly be described as the destruction of someone else’s property. Colorado Revised Statute 18-4-501 defines the crime as follows.
“A person commits criminal mischief when he or she knowingly damages the real or personal property of one or more 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.”
In other words, if a person damages any property on purpose, and it belongs in any degree to another person, that person may be charged with criminal mischief. It does not matter criminally if a person damages their own property. However, if any other person has an ownership interest in that property, that person can pursue criminal mischief charges against the person who caused the damage.
This situation often comes up in cases where domestic violence is alleged. Perhaps during an argument, one party punches a hole in the wall or kicks a door. When the police arrive, the aggressor admits to the police that they caused damage. That person thinks that because it is their house, they can damage it without consequences. It is important to understand that if both the parties involved in the dispute, or even a third party not present, the conduct of damaging that property meets the definition of criminal mischief.
The class of misdemeanor or felony will depend on the dollar amount of the damage as determined by the aggregate amount. Colorado Revised Statute 18-4-501 outlines the dollar amounts and the corresponding levels of offense. “Criminal Mischief is a class 3 misdemeanor when the aggregate damage to the real or personal property is less than three hundred dollars; A class 2 misdemeanor when the aggregate damage to the real or personal property is three hundred dollars or more but less than seven hundred dollars;
- A class 1 misdemeanor when the aggregate damage to the real or personal property is seven hundred fifty dollars or more but less than one thousand dollars;
- A class 6 felony when the aggregate damage to the real or personal property is one thousand dollars but less than five thousand dollars;
- A class 5 felony when the aggregate damage to the real or personal property is five thousand dollars or more but less than twenty thousand dollars;
- A class 4 felony when the aggregate damage to the real or personal property is twenty thousand dollars or more but less than one hundred thousand dollars;
- A class 3 felony when the aggregate damage to the real or personal property is one hundred thousand dollars or more but less than one million dollars; and
- A class 2 felony when the aggregate damage to the real or personal property is one million dollars or more. “
If you are accused of criminal mischief, in a domestic violence context or otherwise, please contact a Colorado Springs criminal defense lawyer who has experience in these types of cases. There are defenses and ways to fight accusations. It is essential that you contact James Newby as soon as possible so that he can assist you in your case.