Criminal Mischief Attorney in Aurora, Colorado
Criminal Mischief is the destruction of the property of another. The value of the property will impact the level of the charge. The destruction of higher value property can result in felony charges while lower valued property can result in a misdemeanor. Some municipal courts refer to it as destruction of property or vandalism.
Criminal mischief penalties can be server and can include prison time. If you were charged with a criminal mischief in Colorado, the Lawrence Law Firm Criminal Defense Attorney are here to help you understand the process and your best options.
Criminal Mischief Under Colorado Law
Colorado Law defines criminal mischief as knowingly damaging the real or personal property of one or more people. This does not mean stealing, and it is focused solely on the damaging or destroying the property. It can also include defacing that property.
The use of the word knowingly speaks to the mental state required to commit the offense of criminal mischief. A person cannot accidentally commit the offense of criminal mischief, and it must be intentionally done.
Criminal Mischief as an Act of Domestic Violence
Domestic violence includes any criminal acts against property that are done for the purpose of intimidation, harassment, or retaliation. Criminal mischief will include damaging joint property. This would include marital or joint property. If you are married and get mad and slam a door and break it down, it can be charged as an act of domestic violence.
Domestic violence will require a defendant undergo special probation in most cases. This would require the defendant to complete domestic violence evaluation and any recommended treatment. For additional information, please see our domestic violence section.
Other Terms for Criminal Mischief
Many crimes can be defined as ats of mischief. The attorneys at Lawrence Law Firm can work with defendants charged with any type of criminal mischief. This would include vandalism, tampering, destruction of property, domestic violence, or any intentional act resulting in charges of criminal mischief.
Criminal Mischief Punishment
The penalties faced for criminal mischief depend on the amount of damage and value of damages caused. Criminal mischief is defined at C.R.S. 18-4-501. The classifications are as follows:
· Damage less than $300: Class 3 misdemeanor.
· Damage between $300 and $750: Class 2 misdemeanor.
· Damage between $750 and $1,000: Class 1 misdemeanor.
· Damage between $1,000 and $5,000: Class 6 felony.
· Damage between $5,000 and $20,000: Class 5 felony.
· Damage between $20,000 and $100,000: Class 4 felony.
· Damage between $100,000 and $1,000,000: Class 3 felony.
· Damage is $1,000,000 or more: Class 2 felony.
Like all crimes, it is possible to receive a probationary sentence. The chances of probation depend on the facts of the case and a variety of other factors. It is important to speak with a criminal defense attorney to determine your options and way to proceed.
Defenses to Criminal Mischief in Colorado
Defenses in Colorado are dependent on the fact. In some cases, you can claim accident, self-defense, choice of evils, general denial, or other affirmative defenses. These require a factual analysis, and it is always important to speak with a criminal defense and domestic violence attorney to discover your options.
Colorado Criminal Mischief Lawyers
Criminal mischief may seem like a simple criminal charge, but it can be extremely complicated and hard to defend. This is especially true when dealing with potential acts of domestic violence. Our criminal mischief defense attorneys have the experience to represent you diligently and competently against criminal mischief charges in Aurora, Denver, Arapahoe, Douglas, Denver County, and any other jurisdiction in the Denver Metro Area.
If you’ve been accused of criminal mischief, do not hesitate to request a free consultation from our criminal defense attorney. At the Lawrence Law Firm, we use our experience to defend you and your rights. Schedule your free consultation to speak with a criminal defense attorney by calling 720-369-4929 or request a consultation today.