Criminal Mischief Charges in Colorado: C.R.S. § 18-4-501

Criminal mischief — often called vandalism in everyday conversation — is Colorado’s catch-all property damage statute. It covers everything from a scratched car door to arson-adjacent property destruction schemes, and like theft, the severity of the charge rises and falls with a single number: the dollar value of the damage caused.

If you’ve been accused of criminal mischief anywhere in the Denver metro area, Mile High Legal can evaluate how the damage was valued, whether intent can actually be proven, and whether the charge was filed at the correct level.

What Is Criminal Mischief Under Colorado Law

Under C.R.S. § 18-4-501, a person commits criminal mischief when they knowingly damage the real or personal property of one or more other people, deface property with graffiti, or tamper with property in a manner that endangers a person or causes a risk of harm. This is the statute most commonly used for vandalism, keying a car, breaking windows, graffiti, and damaging property during a dispute.

Criminal Mischief Penalties: The Same Value Ladder as Theft

Colorado grades criminal mischief using the identical value-based structure used for theft, based on the aggregate value of the property damage caused, as of the January 2025 version of the statute:

• Petty offense — damage less than $300
• Class 2 misdemeanor — damage of $300 to $999
• Class 1 misdemeanor — damage of $1,000 to $1,999
• Class 6 felony — damage of $2,000 to $4,999
• Class 5 felony — damage of $5,000 to $19,999
• Class 4 felony — damage of $20,000 to $99,999
• Class 3 felony — damage of $100,000 to $999,999
• Class 2 felony — damage of $1,000,000 or more

As with theft, prosecutors may aggregate damage caused within a six-month period, or as part of the same scheme or course of conduct, into a single charge at a higher class. Repair estimates and contractor invoices are frequently the key piece of evidence determining which tier applies — and they are often negotiable or disputable.

Important Points From Colorado Model Jury Instructions and Case Law

• Value is market value — unless there is no market. Damage is valued at what a willing buyer would pay for the item (market value). If there is no real market for the specific item damaged, courts can instead look to the original purchase price, replacement cost, its general use and purpose, and salvage value. People v. Dunoyair, 660 P.2d 890 (Colo. 1983). This matters directly when a repair estimate or invoice looks inflated or doesn’t reflect the item’s real worth.
• Self-defense can apply to criminal mischief. If the property damage happened while the defendant was using force to defend against someone else — even indirectly, such as damaging a car door while breaking free from someone’s grasp — the defendant may be entitled to a self-defense instruction on the criminal mischief charge itself. People v. Coahran, 2019 COA 6, 436 P.3d 617.

Graffiti and Tampering Charges

Graffiti-specific conduct is explicitly covered under this statute and can carry additional mandatory minimum fines and community service requirements beyond the standard value-based penalty, particularly for repeat offenses. Tampering that creates a risk of catastrophic harm (such as interfering with utility equipment) can also be charged more aggressively even where the dollar value of the damage itself is modest.

Common Defenses to Criminal Mischief Charges

• Challenging the damage valuation — disputing inflated repair estimates to push the charge to a lower class.
• Lack of intent — showing the damage was accidental rather than knowing or purposeful.
• Ownership or consent disputes — arguing the accused had a legal right or believed they had permission to alter the property.
• Mistaken identity — common in graffiti and nighttime vandalism cases relying on surveillance footage.
• Self-defense or defense of property — in cases arising from a physical confrontation.

Why Choose Mile High Legal

Grant Grosgebauer and the team at Mile High Legal regularly challenge inflated damage estimates and intent allegations in criminal mischief cases throughout Denver and the surrounding metro area. We know how to push back on valuation evidence before it locks a case into felony territory.