The Big Blue Bear outside of the Colorado Convention Center has been compromised. The damage is estimated at $11,000, which means whoever is guilty of this crime is facing a class 4 felony charge of Criminal Mischief (CRS 18-4-501). This same charge is applicable to vandalism of $1,000 or more in the Weld County cities of Greeley, Kearsey, and Erie. Sure, the Big Blue Bear is iconic, and it’s pretty messed up to try to deface a public figure, but a class 4 felony? Yes. The law states if someone inflicts damages or vandalizes the property of another and the value of the thing damaged is $1,000 or more, it will be charged as a felony.
Criminal Mischief is an unfairly broad crime when someone looks in detail at the statute. For damages to property for an item under $500, the Weld County District Attorney will charge the crime as a class 2 misdemeanor. For loss of property which is valued between $500 but under $1000, the defendant will be charged with a class 1 misdemeanor. Misdemeanor charges are serious in themselves, but do not require prison time and do not restrict your rights as a felony conviction would. If the property is valued at between $1,000 and $20,000, it is charged as a class 4 felony. The line between a class 4 felony and prison, and a class 2 misdemeanor is very thin. The difference of one dollar could leave someone with felony charges, and that conviction would bring about a loss of gun rights, possible prison time, and a felony on your permanent record.
Remember, there are a few sentence enhancers which can be added to criminal mischief and increase its severity. Domestic Violence (CRS 18-6-800.3) in Eaton is a common one. If the property damaged belongs to your boyfriend or girlfriend, or anyone who you may be in an “intimate relationship” with, you might face Criminal Mischief charges with the serious Domestic Violence enhancer. Even if you partly own the object vandalized or damaged, you can still be charged with Criminal Mischief. This crime seems to be a catch-all for anything the police don’t like and wish to prosecute.
If police approach you and charge you with misdemeanor or felony criminal mischief, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.