Criminal Mischief in Denver: Understanding Colorado's Property Damage Law

When it comes to property damage in Denver and throughout Colorado, understanding criminal mischief is crucial. Our Mile High Legal experts break down everything you need to know about CRS 18-4-501, the Colorado statute that governs property destruction.

What is Criminal Mischief in Colorado?

Criminal mischief is a serious legal charge in Colorado that occurs when someone "knowingly damages the real or personal property of one or more other persons." It's important to note that this law is broader than many people realize – you can face criminal mischief charges even if you partially own the property you're damaging.

The full legal language of section 18-4-501 precisely defines the offense:

"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."

Penalties: How Serious is Criminal Mischief?

The severity of criminal mischief charges in Colorado depends entirely on the monetary value of the damaged property. Penalties range from a petty offense to a class 2 felony:

Common Defenses to Criminal Mischief Charges

Our Denver criminal defense attorneys have successfully defended many clients by leveraging these key strategies:

1. Accidental Damage: Proving the property was damaged unintentionally, thus not meeting the "knowingly" requirement.

2. Self-Defense: Demonstrating the property was damaged as a reasonable attempt to protect oneself or others.

3. Mistaken Identity: Showing you were not responsible for the property damage.

4. False Accusations: Revealing potential motives behind fabricated claims.

5. Disputed Property Value: Challenging the claimed monetary value to potentially reduce charge severity.

Special Considerations for Non-Citizens

Non-citizens should be especially cautious, as a criminal mischief conviction—particularly in a domestic violence context—could potentially trigger deportation proceedings.

Record Sealing Possibilities

The ability to seal a criminal mischief record varies:

• Dismissed charges can be sealed immediately

• Convictions require a waiting period (1-3 years for most offenses)

• Class 2 and 3 felonies are never eligible for sealing

Related Offenses to Be Aware Of

Criminal mischief isn't the only property-related crime in Colorado. Similar charges include:

• Defacing property

• Arson

• Burglary

• Tampering

• Trespass

Conclusion

Facing a criminal mischief charge in Denver can have serious consequences. If you or someone you know is dealing with such an accusation, it's crucial to seek experienced legal representation immediately.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Each case is unique, and you should consult with a qualified Colorado criminal defense attorney for personalized guidance.