Graffiti can be beautiful. It can be artistic. But, no matter how you view graffiti, it is a crime in Weld, Morgan, and Logan County. If a person is caught painting graffiti on a building, they will be charged with Criminal Mischief – C.R.S. 18-4-501. This crime can be difficult to understand – the name itself doesn’t bring to mind images of hardened criminals. “Mischief” creates a mental picture of a mischievous little boy playing pranks on neighbors, much like Dennis the Menace. So, let’s take a look at how you can be charged with Criminal Mischief, and what the consequences will be if you are convicted.
What is Criminal Mischief?
Colorado statute states that Criminal Mischief is charged whenever a person “knowingly damages the real or personal property of one or more other persons…in the course of a single criminal episode.” As you can see, “damage” to property is how Greeley, Evans, and Erie police determine whether or not to arrest someone for Criminal Mischief. Damage could include:
- Graffiti
- Vandalism
- Pranks gone wrong
- Setting off fireworks or smoke bombs
- Intentionally installing a computer virus or damaging computer parts
- Breaking household goods
- Leaving water running in a sink, allowing it to overflow
There are many more instances where a person could be accused of Criminal Mischief. Recently in Routt County, a man was charged with Criminal Mischief after the police recognized the artwork on his jack-o-lantern paintings. Apparently, it matched graffiti on public buildings downtown.
Felony and Misdemeanor Criminal Mischief:
Criminal Mischief is sentenced similar to Theft. The severity of the offense is determined by the dollar amount of the damage which occurred. For example, if a man smashes his ex-girlfriend’s TV (which is worth $700), he would be charged with a class 1 misdemeanor. If the damage is more than $1,000, but less than $20,000, a person would be charged with a class 4 felony. When the damage is more than $20,000, they will be charged with the more serious class 3 felony. It is important to understand the police come up with the total damage by adding up aggregate damage. The Routt County man tagged over 20 buildings in his graffiti spree. The police added up all the damage together, which exceeded $1,000. Thus, he was charged with felony Criminal Mischief.
Why You Need an Experienced Criminal Defense Attorney
Teenagers tend to complete dares and often engage in wild behavior. Unfortunately, the damage of a criminal offense on their record can be life-changing. Don’t let your kid’s foolish mistake ruin their chance at a bright future. Contact an experienced criminal defense lawyer if they are facing accusations of Criminal Mishief.