Criminal Mischief is the Colorado law term for property damage. In Greeley and Weld County, anytime a person damages the property of another (or jointly owned property), Criminal Mischief charges can result. The amount of damage caused determines the level of charge.
Greeley Criminal Mischief Defense Attorney: How is Criminal Mischief Charged in Colorado?
The Greeley, Colorado law definition of Criminal Mischief – C.R.S. 18-4-501 – 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.
Some examples of Criminal Mischief include:
- Tammy hits a neighbor’s fence with her car while trying to avoid hitting a deer in the road;
- Tom throws the TV remote in anger while having a fight with his wife and is charged with Criminal Mischief as an act of Domestic Violence;
- Tanisha keys the car of the woman her boyfriend is cheating on her with.
All these examples would cause very different levels of damage and cost to fix the damage.
Penalty for Criminal Mischief in Windsor and Erie
In Windsor and Erie, Criminal Mischief is charged based on the amount of damage caused. Criminal mischief is:
- A petty offense 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 one thousand dollars;
- A class 1 misdemeanor when the aggregate damage to the real or personal property is one thousand dollars or more but less than two thousand dollars;
- A class 6 felony when the aggregate damage to the real or personal property is two thousand dollars or more 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.
So, if the damage totals $2,000 or more, it is charged as a felony in Weld County, Colorado.