A charge of Criminal Mischief in Greeley, Colorado, can be a serious charge any time that property is purposefully damaged. In a Texas Walmart recently, there was man who filmed himself licking a Blue Bell vanilla ice cream container and digging his fingers into the ice cream. Afterwards, he replaced the lid and put the ice cream back into the freezer. He later purchased the container of ice cream and no charges were initially filed. Out of food safety concerns, the Walmart ended up needing to replace their entire stock of that flavor of Blue Bell ice cream. Due to the financial losses caused by the man, criminal charges were filed by police.
What is Criminal Mischief in Weld County, Colorado?
When you’re charged with Criminal Mischief, C.R.S. 18-4-501, in Weld County, you’re accused of:
Knowingly damaging 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.
When the man licked the Blue Bell ice cream and replaced it, he did that knowingly and then when the store had to replace the ice cream, property was lost and damaged. To be clear, many crimes can fit under Criminal Mischief; if you break a window or key a car you can be charged with Criminal Mischief. You can also be charged if you do graffiti on a wall or destroy a public restroom, even though that is also vandalism you can still be charged with Criminal Mischief.
How is Criminal Mischief Sentenced in Weld County?
In Weld County, Criminal Mischief is sentenced dependent on the value of the property that you damaged or destroyed. Here is a listing of the dollar value and charge correlation:
| Class of Crime | Total Damage of Property Harmed |
| Class 3 Misdemeanor | Less than $300 |
| Class 2 Misdemeanor | $300 to $749 |
| Class 1 Misdemeanor | $750 to $999 |
| Class 6 Felony | $1,000 to $4,999 |
| Class 5 Felony | $5,000 to $19,999 |
| Class 4 Felony | $20,000 to $99,999 |
| Class 3 Felony | $100,000 to $999,999 |
| Class 2 Felony | $1,000,000 or more |
In Colorado, the man would have been charged with a class 6 felony since the ice cream was worth more than $1,000 dollars. While the carton of Blue Bell ice cream may have been only $5 which would have been and class 3 misdemeanor, since the entire stock of vanilla ice cream was lost and its value more than $1,000, the charge would have been a class 6 felony. The punishment varies greatly depending on the value of the property damaged. He could have been sentenced between 1 year and 18 months in prison, a fine between $1,000 and $100,000, or both for licking that container of ice cream.
Both felony and misdemeanor cases present serious problems for those charged. If you have been accused of a crime, protect yourself with Greeley’s experienced Criminal Mischief defense attorneys who will fight for you.
If you have been falsely accused of Criminal Mischief in Weld County, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys in Northern Colorado. Call the O’Malley Law Office at 970-616-6009 to schedule your free consultation today. Together, we can protect your future.
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