In Greeley and Weld County, many people think of Criminal Mischief as a minor offense like breaking a window or damaging someone’s property during an argument. But under Colorado law, Criminal Mischief can carry serious consequences, including felony charges, depending on the value of the damage. At O’Malley Law Office, we represent clients throughout Colorado who have been charged with Criminal Mischief and related offenses against property. If you or someone you care about is facing charges, here’s what you need to know.
Weld County Criminal Mischief Lawyer: What Is Criminal Mischief in Colorado?
Under Colorado Revised Statutes § 18-4-501, Criminal Mischief is charged when someone knowingly damages the real or personal property of another person, even if the property is jointly owned.
This can include actions like:
- Breaking someone’s phone during an argument
- Damaging a car, door, or window
- Vandalizing public or private property
- Destroying shared property in a domestic dispute
The key legal element is intent: the prosecution must prove that you knowingly caused the damage. Accidental damage is not Criminal Mischief, though it might involve civil liability.
Criminal Mischief Can Be a Felony or a Misdemeanor in Erie and Evans
The severity of the charge depends on the dollar value of the damage. Here’s a breakdown of how criminal mischief is charged in Erie and Evans, Colorado:
|
Damage Value |
Charge |
Penalty |
| Less than $300 | Petty Offense | Up to 10 months in jail and/or fines |
| $300 to less than $1,000 | Class 2 Misdemeanor | Up to 120 days in jail and/or fines |
| $1,000 to less than $2,000 | Class 1 Misdemeanor | Up to 364 days in jail and/or fines |
| $2,000 to less than $5,000 | Class 6 Felony | 12–18 months in prison |
| $5,000 to less than $20,000 | Class 5 Felony | 1–3 years in prison |
| $20,000 to less than $100,000 | Class 4 Felony | 2–6 years in prison |
| $100,000 to less than $1 million | Class 3 Felony | 4–12 years in prison |
| $1 million or more | Class 2 Felony | 8–24 years in prison |
In cases involving domestic relationships, a Criminal Mischief charge may also be labeled as domestic violence, which can add enhanced penalties and affect firearm rights and future background checks.
Common Examples of Criminal Mischief Charges in Greeley and Windsor
In Greeley, Windsor, and across Weld County, Criminal Mischief charges often arise in situations where emotions run high, such as:
- Arguments between couples (breaking phones, TVs, windows, etc.)
- Property damage during a fight or altercation
- Vandalism after a breakup or dispute
- Destruction of personal items during eviction or move-outs
It’s not uncommon for people to be charged with Criminal Mischief alongside other offenses, such as Assault, Trespassing, or Harassment.
If you or someone you love has been charged with Criminal Mischief, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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