While the offense may not sound serious, a conviction for criminal mischief can result in a conviction of a class 2 felony, which can result in up to 24 years in prison. If you are facing criminal mischief charges, it is essential that you work closely with an experienced criminal defense lawyer. Attorney Sean P. Harrell is a former district attorney for the 18th Judicial District. He can use his experience on the other side of the aisle to help mount an effective strategy in your defense. Contact The Harrell Law Firm, PLLC for help online or call (970) 791-2006 today.
What Is Criminal Mischief?
Criminal mischief is defined under Colorado law as knowingly damaging another person’s property. This offense includes damage to real or personal property. You can even be charged with criminal mischief if you are a co-owner of the damaged property. If you’re facing charges, a Loveland criminal mischief lawyer can help protect your rights.
Examples of acts that could result in criminal mischief charges include:
- Breaking property during an argument with a romantic partner
- Punching walls
- Painting graffiti
- Slashing tires
- Breaking car windows
- Setting off smoke bombs
This charge is in addition to any other charges related to an altercation, such as assault.
Potential Penalties for Criminal Mischief
The potential penalties you can face if charged with criminal mischief depend on the value of the damage to the property, as described below:
- Less than $300 of damage – Petty offense, punishable by up to ten days in jail and a fine of up to $300
- $300 to $999 of damage – Class 2 misdemeanor, punishable by up to 120 days in jail and a fine of up to $750
- $1,000 to $1,999 of damage – Class 1 misdemeanor, punishable by up to 364 days in jail and a fine of up to $1,000
- $2,000 to $4,999 of damage – Class 6 felony, punishable by up to 1.5 years in Colorado State Prison and a fine of up to $100,000
- $5,000 to $19,999 of damage – Class 5 felony, punishable by up to three years in prison and a fine of up to $100,000
- $20,000 to $99,999 of damage – Class 4 felony, punishable by up to six years in prison and a fine of up to $500,000
- $100,000 to $999,999 of damage – Class 3 felony, punishable by up to twelve years in prison and a fine of up to $750,000
- $1 million or more of damage – Class 2 felony, punishable by up to 24 years in prison and a fine of up to $1 million
Possible Defenses to a Criminal Mischief Charge
When facing charges of criminal mischief, there are several potential defenses that may help protect your rights and reduce your liability. Since criminal mischief is considered a specific intent crime, the prosecution must prove beyond a reasonable doubt that you knowingly damaged the property in question. This creates opportunities for various defense strategies.
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Accidental Damage: One of the most common defenses is that the damage occurred accidentally. If you can demonstrate that the damage to the property was unintentional, the prosecution may struggle to meet their burden of proving that you knowingly caused the damage. For example, an unintentional mishap or an accident could help show that you did not have the necessary intent to commit criminal mischief.
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Self-Defense: Another potential defense is that you were acting in self-defense. In situations where you were trying to protect yourself from harm, damage to property might have been a byproduct of your actions. For instance, if you were in a confrontation with someone and, in an attempt to protect yourself, you accidentally damaged something—such as slamming a door to block an attack—you might use self-defense as a justification for the damage.
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Damage Caused by Someone Else: In some cases, you might not have caused the damage at all. It could have been someone else who damaged the property, and you could present evidence that shows another person is responsible. This could involve identifying the true perpetrator or proving that the property damage occurred under circumstances outside your control.
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Mitigating the Extent of the Damage: Sometimes, you may admit that you caused the damage but dispute the extent of it. If the property damage was not as severe as the charges suggest, this could lead to reduced charges or lesser penalties. For example, if the damage was minor or could be repaired at a low cost, it could help you avoid the more serious penalties associated with greater levels of damage.
Each of these defenses can play an important role in challenging criminal mischief charges, potentially leading to a dismissal of charges, a reduction in penalties, or a more favorable outcome in court. An experienced Loveland criminal mischief lawyer can help you explore these defenses and build a strong case tailored to your situation.
Contact an Experienced Loveland Criminal Mischief Lawyer
If you’re facing criminal mischief charges, it’s crucial to take them seriously—your freedom and financial future could be at risk. A conviction may lead to prison time and steep fines, but you don’t have to navigate this alone. Sean P. Harrell at The Harrell Law Firm, PLLC is committed to protecting your rights and fighting for the best possible outcome. Contact a Loveland criminal mischief attorney today to schedule a confidential consultation with a lawyer who prioritizes your long-term goals. Call us at (970) 791-2006 or book your free consultation online now.