In Greeley and across Colorado, if a person damages another’s property, they can face a Criminal Mischief charge. This criminal charge, sometimes referred to as vandalism, can be a felony, misdemeanor, or petty offense, depending on the value of damages to the property. The attorneys at the O’Malley Law Office want to help you understand the details of your case and why it is important to have an experienced attorney fight for the best outcome in your criminal Criminal Mischief Charge in Greeley. In many cases, we can get charges dismissed after a period of supervision. Give us a call to discuss your situation.
Criminal Mischief, C.R.S. 18-4-501, Legal Definition in Weld County
The legal definition of Criminal Mischief, C.R.S. 18-4-501, in Weld County is:
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.
Vandalism / Criminal Mischief Examples in Windsor, Severance, and Ault, Colorado
In Windsor, Severance, and Ault, there are some common actions that can cause someone to be charged with Vandalism or Criminal Mischief. These include actions such as:
- Painting or marking on property, also known as graffiti or tagging
- Breaking windows or outside decor
- Keying a car or truck
- Slashing or destroying tires
- Tampering with utility meters, emergency exits, or fire alarms
- Damaging someone’s cell phone
Difference Between Felony Criminal Mischief and Misdemeanor Vandalism in Greeley, Colorado
The difference between Felony Criminal Mischief and Misdemeanor Vandalism / Criminal Mischief in Greeley and across Colorado is simply the value of the property that was damaged. Let’s take a closer look at the value of the property in a Criminal Mischief case. If the value of the property is more than $300 but less than $1,000, then this offense is a class 2 misdemeanor. It is a class 1 misdemeanor if the value of the property is $1,000 or more but less than $2,000. For property damage over $2,000, it is a felony criminal offense. The felony ranges include a class 6 felony with $2,000 or more damage, a class 5 felony with $5,000 damage or more, a class 4 felony with $20,000 damage or more, a class 3 felony with damage of $100,000 or more and a class 2 felony with one million dollars of damage or more.
The factors that determine the property value in a Criminal Mischief charge can be:
- The property’s fair market value
- Original price of the item or property
- What it would cost to replace the damaged property
It is always important to consider the depreciation of an item since the time it was new. As a result, the purchase price is not the damaged value of an item, unless it’s value has appreciated since new, which is unlikely. Greeley Police like to consider the damage amount to be equal to a new replacement cost, which is normally inappropriate.
Weld County Punishments for a Criminal Mischief Conviction
In Weld County, if the damaged property was valued at less than $300, conviction of Criminal Mischief is a petty offense. The punishments for a petty offense are up to 10 days in Weld County Jail and / or a fine of up to $300. The sentences and penalties become more severe the greater the amount of property is damaged. Criminal Mischief with damages between $1,000 – $2,000 is a class 1 misdemeanor, with penalties of up to 364 days in jail and / or fine of up to $1,000. Damage to property that is less than $5,000 but more but more than $2,000 is a class 6 felony. Penalties include 12 months – 18 months in a Colorado State Prison, mandatory parole of 1 year, and $1,000 to $100,000 in fines. The most severe punishment is for $1,000,000 or more in property damage, which is a class 2 felony. Penalties for a class 2 felony include 8 to 24 years in prison, 3 years of mandatory parole after release from incarceration, and a fine of $5,000 to $1,000,000.
Hiring a Top Greeley, Colorado Criminal Defense Attorney
If you are facing a Criminal Mischief charge or other criminal charge, hiring a top Greeley Criminal offense attorney is what your case needs. Our attorneys at the O’Malley Law Office have over 30 years of experience helping our clients at the Weld County Courts. We will learn the details of your case and build an effective defense for your side of the case. You are not alone, and with the help of a dedicated defense attorney, the system does not have to take advantage of you.