Criminal mischief is charged when a person deliberately damages the property of another person. The possible penalties for criminal mischief depend on the estimate of damages. You cannot be found guilty of criminal mischief if you accidentally damage someone else’s property.
A knowledgeable and experienced Denver criminal mischief attorney at Sawyer Legal Group, LLC will independently investigate the amount of damages the complaining witness has given to the police. In many cases, the amount of damages estimated by the complaining witness is inflated, which may lead to a felony instead of misdemeanor charges.
Criminal Mischief Defined:
- The person who knowingly damages the real and 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 commits A class 2 misdemeanor where the aggregate damage to the real her personal property is $300 – $999.
- Where the aggregate damage to the real or personal property is $1,000 or more but less than $2,000, the person commits a class one misdemeanor.
- Where the aggregate damage to the real or personal property is $2,000 or more but less than $5,000, the person commits a class six felony.
- Where the aggregate damage to the real or personal property is $5,000 or more, the person commits a class 5 felony or higher.
Criminal mischief as an act of domestic violence?
Criminal mischief can be considered an act of domestic violence when a person damages the property of a person that they are or have been in an intimate relationship. The damage to the other person’s property must have been committed as a method of coercion, control, punishment, intimidation, or revenge.
If the damage to the person’s property was not committed as a method of coercion, control, punishment, intimidation, or revenge, then criminal mischief cannot be considered an act of domestic violence.
If you have been contacted by the police or charged with criminal mischief, contact an experienced Denver criminal mischief attorney at Sawyer Legal Group, LLC. We will discuss your options and aggressively defend your rights.
Municipal Court Criminal Mischief Charges
Denver Municipal Code – Damaging, defacing or destruction of private property. Aurora Municipal Code – Injury to property.