Three Weld County eighteen year-olds were arrested on criminal mischief charges by Evans police recently. Criminal Mischief (CRS 18-4-501) charges in Hudson, Berthoud, or Erie usually come because property of another was damaged in a domestic dispute, pranks, or vandalism. Criminal Mischief differs from Theft (CRS 18-4-401) because the property is broken or destroyed by someone, not stolen from the owner. Despite these differences, the two crimes are punished almost identically. Maybe this results from the realization that with either crime, the owner loses the use of their property.
Evans police allege that the three boys purchased BB guns and used them to shatter car windows. Greeley and Evans were areas hit by the boys. They were arrested after investigators discovered them on a Wal-Mart surveillance tape buying the BB guns. A good criminal lawyer will argue that the evidence is circumstantial, but the boys still have a long way to go in their fight for freedom.
Because of the amount of damages, these three teen boys are facing 54 counts each of criminal mischief, with resulting monetary damage of over $23,000. Criminal Mischief is usually a misdemeanor crime, but depending on the dollar amount, can be charged as a class 3 felony. A Class 3 felony can be punished by up to 24 years in prison. The boys must also pay back the over $20,000 in damages. It is a safe bet these boys did not think what their actions with a BB gun could mean. Their actions were thoughtless and mischievous, but does the punishment actually fit the crime? They were just being young and stupid, but now they face spending more time in prison than they have currently been alive. This would a good case for probation so the boys could work hard at jobs to pay back the restitution.
If police contact you because of criminal mischief charges in Weld County, be smart, exercise your right to remain silent, and contact the experienced criminal defense lawyers at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.