Criminal Mischief

What Is Criminal Mischief In Colorado?

Generally, Criminal mischief refers to the intentional or reckless damage or destruction of another person’s property. This can include any type of property, whether it is owned by an individual, multiple people, or a couple, such as a spouse or a partner.

The severity of the charge will depend on the value of the damaged property. Damage to high-value property can result in felony charges, while damage to lower-value property may be considered a misdemeanor. Criminal mischief is also sometimes referred to as property destruction or vandalism.

In Colorado, criminal mischief is defined as knowingly causing damage to real or personal property belonging to one or more individuals.

It should be noted that criminal mischief is distinct from theft, as it specifically relates to damaging or destroying property, rather than stealing it.

Additionally, it can include defacing property, such as graffiti or tagging.

Criminal Mischief Associated with Domestic Violence Charges

Criminal mischief charges are frequently linked to domestic abuse or violence. In situations of domestic conflict, it is not uncommon for property to be damaged, either intentionally or unintentionally. In some cases, the destruction of property may be used as a means of expressing anger or frustration without resorting to physical violence.

Examples in domestic violence situations may include actions such as slashing tires or damaging a cell phone. These types of actions are often seen as common manifestation in domestic violence cases.

What are the Penalties for Criminal Mischief?

The penalties for this crime can vary depending on the amount of damage caused. If the total property damage does not exceed $300, it is considered a class 3 misdemeanor. If the damage is between $300 and $750, it is considered a class 2 misdemeanor. And if the damage is between $750 and $1,000, it is considered a class 1 misdemeanor.

When the damage exceeds $1,000, the offense can be charged as a felony. If the damage is between $1,000 and $5,000, it is a class 6 felony, between $5,000 and $20,000 it is a class 5 felony, and when the damage is $20,000 or more, it can be charged as a class 4, 3 or 2 felony depending on the total amount of damage.

It is worth noting that these charges tend to come up from domestic disputes, and in such cases, a domestic violence enhancer is usually added to the charge.

Can a Criminal Mischief Record be Sealed?

Generally, these charges can only be sealed if the case is dismissed or if a deferred judgment is successfully completed. This applies regardless of the number of years that have passed.

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