“Criminal mischief” is Colorado’s legal name for what most people call vandalism — and whether it’s charged as a petty offense or a felony depends almost entirely on one number: the dollar amount of damage alleged. Here’s a quick-reference breakdown of CRS § 18-4-501.
What is criminal mischief under Colorado law?
CRS § 18-4-501 defines criminal mischief as knowingly damaging the real or personal property of another person, including jointly-owned property in which someone else has a possessory or proprietary interest, during a single criminal episode. Colorado’s jury instructions confirm these as the required elements (COLJI-Crim 4-5:01), and Colorado courts have held that the “single criminal episode” requirement is itself an element the prosecution must prove, though the trial court doesn’t have to define the phrase for the jury beyond its ordinary meaning (People v. Thoro Products Co., 45 P.3d 737, 745 (Colo. App. 2001), aff’d on other grounds, 70 P.3d 1188 (Colo. 2003)). It covers everything from keying a car and breaking a window to spray-painting graffiti or smashing property during a dispute. There’s no requirement that the person take anything — only that they damage it.
How is criminal mischief charged based on the dollar amount of damage?
Colorado grades criminal mischief by the aggregate dollar value of the damage alleged, under CRS § 18-4-501(4): a petty offense under $300; a class 2 misdemeanor from $300 up to $1,000; a class 1 misdemeanor from $1,000 up to $2,000; a class 6 felony from $2,000 up to $5,000; a class 5 felony from $5,000 up to $20,000; a class 4 felony from $20,000 up to $100,000; a class 3 felony from $100,000 up to $1,000,000; and a class 2 felony at $1,000,000 or more. The jury (not just the judge) decides the aggregate damage value by special interrogatory, since valuation drives the sentencing enhancement (COLJI-Crim 4-5:02.INT; see People v. Cisneros, 566 P.2d 703, 705 (Colo. 1977) (recognizing a “damage element” tied to valuation in felony criminal mischief, under the dollar thresholds then in effect)).
What are the penalties for criminal mischief in Colorado?
Penalties range from a small fine with no jail time at the petty-offense level, up to months in county jail for misdemeanor-level damage, up to actual prison time at the felony tiers. Restitution to the property owner is also typically ordered regardless of the classification.
What defenses apply to a criminal mischief charge?
Common defenses include disputing the actual dollar value of the damage (which can move a case down a classification tier or more, since the jury must find the specific value range beyond a reasonable doubt), lack of intent (accidental damage generally isn’t criminal mischief), self-defense when the damage arose out of the defendant’s use of force against another person (Colorado courts have recognized that a defendant can be entitled to a self-defense instruction on a criminal mischief charge arising indirectly from that use of force, see People v. Coahran, 2019 COA 6, ¶ 27, 436 P.3d 617, 623), consent or an ownership/authority dispute over the property, and mistaken identity in cases built on surveillance footage or witness accounts. Because the dollar-value threshold does so much work in how these cases are charged, challenging the state’s damage estimate is often the single highest-leverage move available to the defense. Criminal mischief can also come up as a lesser offense in more serious cases — Colorado courts have held it’s a lesser included offense of first-degree arson (People v. Welborne, 2018 COA 127, ¶ 21, 457 P.3d 71, 76).
If you’ve been accused of criminal mischief or vandalism anywhere in the Denver metro area, Mile High Legal can review the specific damage allegations and charging decision in your case. No past result guarantees any particular outcome in a new case.
