Colorado Criminal Mischief Defense Lawyers

Generally, a person commits criminal mischief if he or she knowingly damages another person’s property—including property jointly held by the accused individual and the alleged victim.  A person accused of criminal mischief must be proven to have acted maliciously before he or she can be convicted.

The seriousness of a criminal mischief conviction depends on the dollar amount of damage done to the property.  If the damage is less than $500, then criminal mischief  is a class 2 misdemeanor that carries a minimum punishment of three months of imprisonment, or a $250 fine, or both.  The maximum punishment is twelve months of imprisonment, or a $1,000 fine, or both.

If the damage is between $500 and $1,000, criminal mischief is a class 1 misdemeanor that carries a minimum punishment of six months of imprisonment, or a $500 fine, or both.  The maximum punishment is eighteen months of imprisonment, a $5,000 fine, or both.

If the damage is between $1,000 and $20,000, criminal mischief is a class 4 felony that carries a presumptive minimum sentence of two years of imprisonment and a presumptive maximum sentence of six years.  Under extraordinary aggravating circumstances, a court may impose a sentence of more than six years, and under extraordinary mitigating circumstances, a court may impose a sentence of less than two years.

If the damage is $20,000 or more, criminal mischief is a class 3 felony that carries a presumptive minimum sentence of four years of imprisonment and a presumptive maximum sentence of twelve years.  Under extraordinary aggravating circumstances, a court may impose a sentence of more than twelve years, and under extraordinary mitigating circumstances, a court may impose a sentence of less than four years.