Criminal mischief in Colorado

What the charge means

Criminal mischief is defined in C.R.S. 18-4-501. Prosecutors must prove beyond a reasonable doubt that:

• You knowingly damaged the real or personal property of one or more other people. Knowingly means you were aware your conduct would damage the property. Malice or spite is not required, but accidents are not criminal mischief.
• The property belonged to someone else, or was owned jointly with someone else, or was property in which another person held an interest. Breaking something you co-own with a spouse or partner still qualifies.
• The damage happened in the course of a single criminal episode, and the amounts are added together to set the offense level.

Common scenarios include a phone, door, or television broken during an argument, a keyed or dented car, broken windows, and damage to a rental. Because the offense level rides on the damage figure, the valuation itself is often the biggest fight in the case: repair cost versus replacement cost, inflated estimates, and pre-existing damage all matter.

Classification and sentencing

The offense level is set by the aggregate damage amount:

• Petty offense: under $300. Up to 10 days jail and a $300 fine.
• Class 2 misdemeanor: $300 to under $1,000. Up to 120 days jail and a $750 fine.
• Class 1 misdemeanor: $1,000 to under $2,000. Up to 364 days jail and a $1,000 fine.
• Class 6 felony: $2,000 to under $5,000. If prison is imposed, 12 to 18 months, plus 1 year of mandatory parole.
• Class 5 felony: $5,000 to under $20,000. If prison is imposed, 1 to 3 years, plus 2 years of parole.
• Class 4 felony: $20,000 to under $100,000. If prison is imposed, 2 to 6 years, plus 3 years of parole.
• Class 3 felony: $100,000 to under $1,000,000. If prison is imposed, 4 to 12 years, plus 3 years of parole.
• Class 2 felony: $1,000,000 or more. If prison is imposed, 8 to 24 years, plus 5 years of parole.

None of these levels carries mandatory incarceration. Probation, restitution, and other sentences are common, and the ranges above describe only what applies if the court orders jail or prison.

The most common enhancer is the domestic violence designation. Damage to a current or former intimate partner's property, including shared property, is routinely tagged as domestic violence. That adds a mandatory protection order, firearm relinquishment during the case, and treatment requirements on conviction.

What else it touches

A criminal mischief case can reach into several areas:

• Restitution. Courts order repayment of the documented loss regardless of the offense level, and the amount can exceed what the charge level suggests.
• Firearms. A felony conviction bars firearm possession under state and federal law. A misdemeanor with a domestic violence designation carries its own federal firearm consequences.
• Immigration. Property damage convictions, especially with a domestic violence label, can create immigration risk for a noncitizen.
• Record sealing. Dismissed or acquitted charges can usually be sealed right away. Conviction sealing waits range from about 1 year for a petty offense to multiple years for felonies, and a domestic violence label can block sealing of a conviction.

We defend criminal mischief charges as part of our Colorado criminal defense practice. A free consultation is the place to get answers about a specific situation, and we return calls and emails the same business day.