![3 examples of criminal mischief in Colorado [2022 UPDATES IN DESCRIPTION]](https://www.shouselaw.com/wp-content/plugins/wp-youtube-lyte/lyteCache.php?origThumbUrl=https%3A%2F%2Fi.ytimg.com%2Fvi%2F6wlIg4AGW0c%2F0.jpg)
In Colorado, a person commits the crime of criminal mischief when “he or she knowingly damages the real or personal property of one or more other persons.” Doing so can be a felony, a misdemeanor, or a petty offense, depending on the extent or value of the property damage.
Common defenses to criminal mischief charges are
- that the incident was an accident, or
- that you were falsely accused.
In this article, our Denver, Colorado criminal defense attorneys will discuss:
- 1. What is criminal mischief?
- 2. What is the sentence?
- 3. What are the best defenses?
- 4. Can defendants be deported?
- 5. Can the criminal record get sealed?
- 6. Related Offenses
- Additional Resources
Criminal mischief is sometimes called vandalism or destruction of property.
1. What is criminal mischief?
Criminal mischief is knowingly damaging or destroying another person’s property, including personal belongings or real estate. You can face criminal mischief charges even if you jointly own the property you are damaging:
Example: Marcia and Joe are going through a contentious divorce. They jointly own a painting, though it means more to Joe than to Marcia. To get Joe upset, Marcia knives the painting in half. Even though Marcia is co-owner of the artwork, she could face criminal mischief charges because she did not have Joe’s consent to destroy it.
The full language of section 18-4-501 reads:
(1) A person commits criminal mischief when he or she knowingly damages the real or personal property of one or more other persons, including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode.
(2) and (3) Repealed.
(4) Criminal mischief is:
(a) A petty offense when the aggregate damage to the real or personal property is less than three hundred dollars;
(b) A class 2 misdemeanor when the aggregate damage to the real or personal property is three hundred dollars or more but less than one thousand dollars;
(c) A class 1 misdemeanor when the aggregate damage to the real or personal property is one thousand dollars or more but less than two thousand dollars;
(d) A class 6 felony when the aggregate damage to the real or personal property is two thousand dollars or more but less than five thousand dollars;
(e) A class 5 felony when the aggregate damage to the real or personal property is five thousand dollars or more but less than twenty thousand dollars;
(f) A class 4 felony when the aggregate damage to the real or personal property is twenty thousand dollars or more but less than one hundred thousand dollars;
(g) A class 3 felony when the aggregate damage to the real or personal property is one hundred thousand dollars or more but less than one million dollars; and
(h) A class 2 felony when the aggregate damage to the real or personal property is one million dollars or more.
Criminal mischief charges often arise out of an argument with something of value getting damaged or destroyed. These charges are especially common in domestic disputes or disputes between neighbors.
Criminal mischief is sometimes also called vandalism or the destruction of property.1
2. What is the sentence?
The punishment for destruction of property depends on the monetary equivalent of the damage done. This number is the same as the property’s fair market value in some cases. In other cases, courts look to factors such as the property’s:
- Original purchase price,
- Replacement cost,
- The general use and purpose of the article, and/or
- Salvage value2
The following chart lays out the various penalties for criminal mischief.
| Value of damage | Colorado criminal mischief penalties |
| Less than $300 | Petty offense:
|
| $300 to less than $1,000 | Class 2 misdemeanor:
|
| $1,000 to less than $2,000 | Class 1 misdemeanor:
|
| $2,000 to less than $5,000 | Class 6 felony:
|
| $5,000 to less than $20,000 | Class 5 felony:
|
| $20,000 to less than $100,000 | Class 4 felony:
|
| $100,000 to less than $1,000,000 | Class 3 felony:
|
| $1,000,000 or more | Class 2 felony:
|
Note that if the damage arises out of an alleged domestic violence episode, you will be placed under a mandatory domestic violence protective order whether or not the damage was an accident.4
Violating CRS 18-4-501 can be a felony, misdemeanor, or petty offense.
3. What are the best defenses?
Here at Colorado Legal Defense Group, we have experience helping many clients fight criminal mischief charges. There are several defense strategies that we have found to be effective. These include showing:
- Accident. You damaged the property by accident. You did not act “knowingly.”
- Self-defense. You destroyed the property in a reasonable attempt to protect yourself or others.5
- Mistaken identity. You were not the one who damaged the property, and someone misidentified you.
- False accusations. Someone falsely accused you of destroying the property, perhaps out of anger or revenge or to get a leg up in an ongoing court case.
- No damage. Perhaps the police were mistaken about the property being damaged. Or perhaps it was damaged a while ago, and you had nothing to do with it.
A partial defense to criminal mischief charges is that the property was worth much less than claimed. If successful, this defense could get the charge reduced to a lesser crime level.
Ultimately, to convict you of criminal mischief in Colorado, prosecutors have the burden to prove each element of the crime beyond a reasonable doubt. If we can show prosecutors their evidence leaves room for reasonable doubt, your case should be dismissed.
4. Can defendants be deported?
Non-citizens convicted of criminal mischief potentially face deportation, especially if it was connected to a domestic violence situation.6 Therefore, immigrants should contact an attorney right away in an attempt to get the charges dismissed or reduced to a non-deportable offense. Learn about the criminal defense of immigrants in Colorado.
5. Can the criminal record get sealed?
Criminal mischief charges that get dismissed may be sealed right away. But if you get convicted, there is a two-to-three-year waiting period. Class 2- and class 3 felony convictions are unsealable.
The following chart shows the record seal wait time for criminal mischief convictions.
| Criminal mischief conviction | Waiting period to get record seal in Colorado |
| Petty offense | 1 year after the case closes |
| Class 3 misdemeanor (as it existed before March 1, 2022) Class 2 misdemeanor | 2 years after the case closes |
| Class 1 misdemeanor Class 6 felony Class 5 felony Class 4 felony | 3 years after the case closes |
| Class 3 felony Class 2 felony | Never |
Learn how to seal Colorado criminal records.7
6. Related Offenses
Defacing Crimes
Colorado law has specific crimes for defacing written instruments, landmarks, posted notices, and other property. Charges range from a civil infraction to a class 1 misdemeanor. Learn more about Colorado defacement laws.8
Arson
Arson is intentionally or recklessly setting fire to property. Arson charges are common in cases involving insurance fraud (CRS 18-5-211). It can be a petty offense, misdemeanor or felony, depending on the following:
- the type of property,
- the extent of the damage, or
- the defendant’s motivations.9
Burglary
Burglary is knowingly entering or unlawfully remaining on someone else’s property with the intent to commit a crime other than trespass. It can be a misdemeanor or a felony. The punishment depends on the type of property and level of danger to anyone inside. People can be convicted of burglary without damaging any property.10
Tampering
A class 2 misdemeanor, tampering in the first degree, is tampering with the property of an institution or utility that provides health or safety protection. Also, class 2 misdemeanor, tampering in the second degree is tampering with another person’s property with the intent to:
- annoy,
- injure, or
- inconvenience.11
Trespass
Trespass is unlawfully entering or remaining on someone else’s property. Trespass can be prosecuted as:
- first degree,
- second degree, or
- third degree, depending on the circumstances of the case.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Protecting Artistic Vandalism: Graffiti and Copyright Law – NYU Journal of Intellectual Property & Entertainment Law.
- The Writing on Our Walls: Finding Solutions through Distinguishing Graffiti Art from Graffiti Vandalism – University of Michigan Journal of Legal Reform.
- Punishing Vandalism Correctly in an Access Economy – Notre Dame Journal of Legal Ethics & Public Policy.
- Theft and Vandalism on Construction Sites – Journal of Construction Engineering and Management.
- The Process Frame: Vandalism, Removal, Re-Siting, Destruction – A Companion to Public Art.
Legal References
- Colorado Revised Statute 18-4-501. Malice is no longer an element of this crime. People v. Woods, (1972) 179 Colo. 441, 501 P.2d 117.
- People v. Dunoyair, (Colo. 1983) 660 P.2d 890; People v. Dobson, (Colo. App. 1992) 847 P.2d 176.
- CRS 18-4-501.
- See CRS 18-6-800.3. Prior to March 1, 2022, criminal mischief resulting in less than $300 worth of damage was a class 3 misdemeanor, carrying up to 6 months in jail and/or $50 to $750 in fines; criminal mischief resulting in $300 to less than $750 worth of damage was a class 2 misdemeanor, carrying 3 to 12 months in jail and/or a fine of $250 to $1,000; criminal mischief resulting in $750 to less than $1,000 worth of damage was a class 1 misdemeanor, carrying 6 to 18 months in jail and/or a fine of $500 to $5,000; and criminal mischief resulting in $1,000 to less than $5,000 worth of damage was a class 6 felony. SB21-271.
- People v. Coahran, (2019) COA 6, 436 P.3d 617; People v. Fuller, (Colo. 1989) 781 P.2d 647.
- 8 USC 1227.
- CRS 24-72-701 – 708.
- CRS 18-4-507 – 510.
- People v. Welborne, (2018) COA 127, — P.3d —; CRS 18-4-102 – 105.
- People v. Cisneros, (1977) 193 Colo. 380, 566 P.2d 703; CRS 18-4-202 – 204.
- CRS 18-4-505.
- CRS 18-4-502 – 504.