Criminal mischief refers to knowingly damaging another person’s property. In Colorado, it is also referred to ask the crime of vandalism. Criminal mischief can be considered a felony or a misdemeanor, depending on the damage done. If you were charged with criminal mischief, is there a way your charges can be dropped? Let’s find out.
Can criminal mischief charges be dropped?
There are several ways a property crimes lawyer in Colorado Springs can defend you against a criminal mischief charge. The common defenses include:
1. False identity
You could be charged with criminal mischief due to mistaken identity by the police through surveillance footage. Sometimes police may also arrest someone just because they match the description of the suspect.
In such situations, a criminal defense lawyer will prove to the court that that defendant was not the person who did the crime by producing an alibi.
2. Question the value of items
Under some circumstances, the lawyer can question the value of the items. The value or amount of the item destroyed can change the penalties.
The prosecution will try to increase the value of the items as much as they can, but a good defense attorney will know how to fight and lower the penalties you are to face.
3. It was not intentional
The law does not consider that the criminal mischief was intentional or unintentional when giving out the penalties. However, if the lawyer can prove to the court that you had no intention or reason to damage the property, the court might dissolve your case and free you of the charges.
4. Self-defense
It is not considered criminal damage to property as a result of self-defense. A skilled criminal defense lawyer will prove that in court and have your charge removed.
What are the penalties for committing criminal mischief?
Penalties for committing criminal mischief in Colorado depend on the value of the items and property damage.
Less than $300
This is considered a class 3 misdemeanor, and the penalties include 4-12 months in jail or a fine of $200-$1000.
Between $300-$750
This is considered a class 2 misdemeanor and is punishable with 3-12 months of jail time and a fine of $200-$1000.
Between $750-$1000
If you are charged with criminal mischief involving property damage worth $750-$1000, it will be considered a class 1 misdemeanor, which is considered the most serious and highest misdemeanor in Colorado. The penalties include 6-18 months of jail time and a fine of $500-$6000.
Between $1000-$5000
This is considered a class 6 felony case and is punishable with 1 or 2 years in prison and a fine of $1000-$100,000.
Between $5000-$20,000
Damaging property valued between $5000 to $20,000 is considered a class 5 felony, and the penalties include 2-3 years in jail and a fine of $1000-$100,000.
Between $20,000-$100,000
This is considered a class 4 felony in Colorado and is punishable with 2-6 years in jail and a fine of $2000-$50,000.
Between $100,000-$1,000,000
This is considered a class 3 felony, and the penalties for this felony include 4-12 years in prison and a fine of $3000-$750,000.
More than $1,000,000
Damaging property worth more than $1,000,000 is the most serious charge in Colorado and is considered a class 2 felony. Its penalty includes 9-25 years in prison and a fine of $5000-$1,000,000.
