We all get angry. Sometimes, we lose our cool and lash out in frustration. Have you ever hit a wall with your fist after a difficult conversation with your spouse? Or, have you ever kicked something near you in anger after some bad news? Odds are something was damaged in your outburst. If you have ever lashed out in anger and broken something, you could be charged with Criminal Mischief – C.R.S. 18-4-501 in Weld, Morgan or Logan County, even if you also owned the property that was damaged.
The Elements of Criminal Mischief:
1. Knowingly Cause Damage
Criminal Mischief is charged when you knowingly damage the property of another person.
2. Joint Ownership
If you and another person own an item (this is called joint ownership), you will still face charges.
3. Severity Depends on Damage Amount
Criminal Mischief ranges from a class 2 misdemeanor to a class 3 felony. The seriousness of the offense is determined by the value of the items damaged. For example, if a $700 TV is broken, you would be charged with a class 1 misdemeanor.
Be Warned: Police Often Twist and Skew Value of Property
Because the severity of the offense depends on the value of items that were broken, the police often distort the truth in order to charge people with a more serious offense. It is also important to understand that the police add the values of all the items damaged together. So, if you hit the wall and you broke through the drywall and a valuable painting fell off and broke, the police will add the cost of repairing the wall together with the value of the painting in order to determine the severity of offense.
Why You Need an Experienced Criminal Mischief Attorney
Greeley, Erie and Eaton police aren’t on your side. The District Attorney isn’t on your side. Victim’s advocates aren’t on your side. You could be facing jail or prison time for a moment of anger. If you have ever been in an “intimate relationship” with the alleged victim in your Criminal Mischief case, the sentence enhancer of Domestic Violence could be added. Don’t stand alone in court when so much is at stake. Let us fight on your behalf to get the best possible outcome in your case.
If you or a loved one has been charged with Criminal Mischief after an angry outburst in Weld, Kit Carson, or Yuma County, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-616-6009, or submit the “Get Help Now” form. Together, we can protect your future.
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