In Weld County, if you knowingly deface or damage another person’s property you could be charged with Criminal Mischief, which is also called Vandalism. The criminal charge of Criminal Mischief can be a petty offense, misdemeanor, or felony offense, depending on the dollar amount of damage to property. While it may seem like an innocent prank, Vandalism or Criminal Mischief can have lasting repercussions. The experienced attorneys at the O’Malley Law Office know that everyone makes mistakes and that your future depends on having the best Greeley courthouse representation. If you are facing a Vandalism or Criminal Mischief ticket in Larimer County or Fort Collins, get help here.
What is the Definition in Greeley, Colorado, of Criminal Mischief, C.R.S. 18-4-501?
The definition in Greeley of Criminal Mischief, C.R.S. 18-4-501, is:
To be convicted of Criminal Mischief, you must knowingly damage someone’s property. Even if you partly own the property, if the other owners did not give consent to the damage, then you could be held responsible for the damages. This often arises in Domestic Violence cases where one spouse damages family property.
What is the Definition of “Knowingly” in a Mischief or Vandalism Ticket in Weld County?
If a person acts “knowingly” and property is damaged, then they could receive a Vandalism ticket in Weld County. However, if they did not “knowingly” damage the property, then they cannot be charged. The definition of “Knowingly” is:
For example, Sue is staining her fence and in the process the neighbors grass next to the fence dies. While Sue’s conduct did cause the grass to die, it would be hard to prove that she knew her behavior would cause the damage to her neighbor’s lawn and be criminally held responsible.
Ault and Severance, Colorado, Sentence and Penalties for a Criminal Mischief Charge
In Ault, Severance, and the rest of Colorado, the sentence and penalties for a Criminal Mischief conviction depend on the damages that were caused. If the damages are less than $300, then it is a petty offense with penalties of up to 10 days in the Weld County Jail, up to $300 in fines, and restitution. Criminal Mischief is a class 2 misdemeanor if the value of the damages were $300-$999. The penalties for a class 2 misdemeanor are up to 120 days in jail, restitution and up to $750 in fines. Above $2,000 in damages Criminal Mischief convictions become felonies with harsher penalties and time in a Colorado State Prison.
Defenses to Vandalism and Criminal Mischief in Weld County
There are common defenses in Vandalism and Criminal Mischief cases in Weld County Courts; some common defenses are:
- The owner consented to the damages
- The damages were caused by an accident and not knowingly
- The property was yours and not owned by anyone else
- The value of the damaged property was not actually what is being stated; this arises when an item is old, is totally destroyed, and police fail to take into account depreciation of the property.
Having an experienced attorney who knows the Weld County Court System and Can Fight for Your Rights.