Criminal Mischief in Colorado
(1) 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.
(2) and
(3) Repealed.
(4) Criminal Mischief is:
(a) A petty offense when the aggregate damage to the real or personal property is less than three hundred dollars;
(b) 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;
(c) 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;
(d) 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;
(e) 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;
(f) 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;
(g) 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
(h) A class 2 felony when the aggregate damage to the real or personal property is one million dollars or more.
Possible Penalties for Criminal Mischief in Colorado
- Up to 10 days in jail; and/or
- $300 fine;
- Restitution
- Up to 120 days in jail; or
- Probation; and/or
- $750 fine;
- Restitution
- 364 days jail; or
- Probation;
- And up to a $1,000 fine;
- Restitution
- 12-18 months in Colorado State Prison or Community Corrections followed by 1 year of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
- 1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
- 2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
- Probation; and/or
- $2,000 – $500,000 fine;
- Restitution
- 4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
- Probation; and/or
- $3,000 – $750,000 fine;
- Restitution
- 8-24 years in Colorado State Prison followed by 3 years of mandatory parole; or
- Probation; and/or
- $5,000 – $1,000,000
- Restitution
- Up to 10 days in jail; and/or
- $300 fine;
- Restitution
- Up to 120 days in jail; or
- Probation; and/or
- $750 fine;
- Restitution
- 364 days jail; or
- Probation;
- And up to a $1,000 fine;
- Restitution
- 12-18 months in Colorado State Prison or Community Corrections followed by 1 year of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
- 1-3 years in Colorado State Prison or Community Corrections followed by 2 years of mandatory parole; or
- Probation; and/or
- $1,000 – $100,000 fine;
- Restitution
- 2-6 years in Colorado State Prison or Community Corrections followed by 3 years of mandatory parole; or
- Probation; and/or
- $2,000 – $500,000 fine;
- Restitution
- 4-12 years in Colorado State Prison followed by 3 years of mandatory parole; or
- Probation; and/or
- $3,000 – $750,000 fine;
- Restitution
- 8-24 years in Colorado State Prison followed by 3 years of mandatory parole; or
- Probation; and/or
- $5,000 – $1,000,000
- Restitution
Defenses to Criminal Mischief in Colorado
General Denial
Lesser Included Offense Defense
Lesser Non-Included Offense Defense
Mistaken Identity
Alternate Suspect
Duress
Entrapment
Choice of Evils
Statute of Limitations for Criminal Mischief in Colorado
- Felony criminal mischief charges must be filed within 3 years. C.R.S. 16-5-401(1)(a.5)
- Misdemeanor criminal mischief charges must be filed with 18 months. C.R.S. 16-5-401(1)(a.5)
- Petty offense criminal mischief charges must be filed within 6 months. C.R.S. 16-5-401(1)(a.5)
Contact the experienced attorneys at Rights & Liberties Law Firm to Fight for You Today
- The attorneys at Rights & Liberties Law Firm will use experienced investigators and experts to look into the case to get ahead of the police and prosecutors, whether there has already been an arrest or an investigation is on-going;
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- The attorneys at Rights & Liberties Law Firm will litigate all constitutional violations and fight to suppress any evidence illegally seized or obtained by police and investigators in violation of your rights;
- The attorneys at Rights & Liberties Law Firm are trial dogs. If you’re prepared to go all the way, so are we. We’ll take your case to the jury and fight with everything we’ve got to secure your acquittal.
- The attorneys at Rights & Liberties Law Firm are skilled negotiators. If you’ve made a mistake we will leave no stone unturned in presenting mitigation to contextualize your circumstances. We will obtain information and prepare a mitigation presentation or report to the prosecutor to present you in your best light and show the state and the judge that despite your mistakes you’re a dignified human being worthy of leniency and redemption. We will protect you from the overly punitive instincts of the criminal legal system and obtain the best plea bargain possible.
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- If you’re wondering why we do this work, we’re in it because we care. At Rights & Liberties Law Firm we believe that no individual’s crime holds a candle to the injustices meted out by our unusually cruel overly punitive criminal legal system. At Rights & Liberties Law Firm we fight for people whose talents, dreams, and lives have been put on hold by a criminal accusation. Let us fight for you.