In Greeley and Weld County, Bias Motivated Crimes are any criminal act where the victim is targeted because of their racial group, religion, sexual orientation, disability, financial class, ethnicity, nationality, age, gender, gender identity, or political affiliation. This includes a Criminal Mischief charge. Recently, Denver Police were looking for a suspect who wrote hate speech on doors and emergency phone boxes. In this case, when another person’s property is damaged, like the doors, the defendant can be charged with a Bias Motivated Criminal Mischief. If it can be proven that damage was done which targeted a specific victim due to any of the qualities listed above, once you are charged with a Bias Motivated crime and convicted, the punishment can be more severe. The criminal defense lawyers at the O’Malley Law Office will discuss Criminal Mischief Charges and Bias Motivated Crimes more below. If you are facing any criminal charges in Fort Collins or Larimer County, get help here.
Colorado Definition of Criminal Mischief, C.R.S. 18-4-501
The definition of Criminal Mischief, C.R.S. 18-4-501, in Colorado is someone who:
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.
What is a Bias Motivated Crime, C.R.S. 18-9-121, in Greeley, Colorado?
In Greeley, Colorado, the definition of a Bias Motivated Crime, C.R.S. 18-9-121 is as follows:
(2) A person commits a bias-motivated crime if, with the intent to intimidate or harass another person because of that person’s actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, or sexual orientation, he or she:
(a) Knowingly causes bodily injury to another person; or
(b) By words or conduct, knowingly places another person in fear of imminent lawless action directed at that person or that person’s property and such words or conduct are likely to produce bodily injury to that person or damage to that person’s property; or
(c) Knowingly causes damage to or destruction of the property of another person.
In the real world, this means that any time a criminal act is committed against a person’s actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, or sexual orientation, the sentence can be more severe. It is important to note that this is not an actual criminal charge by itself, but accompanies some other criminal conduct.
Examples of a Bias Motivated Crime or Vandalism in Weld County
It is important to know situations where you could be facing a Criminal Mischief charge, such as one involving Vandalism or a Bias Motivated crime. In Weld County, our state statutes are often written broadly to cover different situations. Some common examples are:
Bias Motivated Crime:
- Spray painting homophobic slurs on a lesbian couple’s house.
- Saying racially derogatory things while hitting an Asian man in a bar fight.
- Following a Muslim person to their work and threating them because of their beliefs.
Vandalism or Criminal Mischief Examples:
- Graffiti or tagging
- Purposefully breaking a window
- Slashing car tires
- Keying a car
- Putting a virus on a computer
- Breaking windows with rocks
- Moving or tampering with street signs
Penalties and Sentence for Criminal Mischief and Bias Motivated Crimes in Fort Lupton, Firestone, and Fredrick, Colorado
In Fort Lupton, Firestone, Fredrick and across Colorado, the penalties and sentence for Criminal Mischief can vary depending on the value of what was damaged. It is a Petty Offense, with penalties of up to 10 days in the Weld County Jail and / or a fine of up to $300 if the value was under $300. However, it is a class 6 felony if the damage to the property is less $5,000 but more but more than $2,000. The penalties for a class 6 felony are 12 months – 18 months in a Colorado State Prison and / or $1,000 to $100,000 in fines. If convicted of a Bias Motivated Crime, the initial criminal charge penalties become more severe. This could involve additional jail or prison, community service, and restitution.
Weld County’s top criminal defense lawyers can help you navigate your charges to get a better outcome or reduce your charges. We have over 30 years of experience in criminal law and helping our clients is a passion.