Denver Criminal Mischief Defense Attorney
Criminal mischief charges in Denver can carry significant consequences. The charges involve intentional damage to property where another person has a possessory or proprietary interest. Convictions can result in fines, probation, restitution, and even incarceration. To protect your rights and freedom, you should have a top Denver criminal mischief defense lawyer on your side.
At Weber Law, our experienced criminal defense attorney in Denver will assess the evidence, challenge the prosecution’s case to get your charges dismissed, or negotiate with the prosecution to seek reduced charges or penalties. With our knowledge of Colorado’s legal system and our ability to pursue a strong defense strategy, our skilled Denver criminal mischief defense lawyer team is your best chance to minimize the impact of the charges on your life and future.
What Constitutes Criminal Mischief Under Colorado Law?
Criminal mischief under Colorado law is defined as intentionally damaging the real or personal property owned by another person without their consent. This offense can encompass a wide range of actions, from vandalism and graffiti to more significant property damage. The relevant statutes for criminal mischief in Colorado are found in the Colorado Revised Statutes (C.R.S.):
C.R.S. § 18-4-501: Criminal Mischief
This statute distinguishes between different degrees of criminal mischief based on the value of the damage caused. It also provides information on penalties, such as fines, imprisonment, and restitution.
C.R.S. § 18-4-502: Aggravated Criminal Mischief
This statute pertains to instances of criminal mischief where the damage is particularly severe, involving public utilities, transportation, or critical infrastructure.
C.R.S. § 18-4-503: Criminal Tampering
This statute addresses tampering with property, which may not necessarily involve damage but still involves unlawful interference with another person’s property or belongings.
C.R.S. § 18-4-504: Reckless Destruction of Private Property
This statute deals with cases where property damage is caused recklessly rather than intentionally. It still carries potential criminal penalties.
If you are facing any of these charges, it is time to consult with our knowledgeable Denver, CO criminal mischief defense attorneys who can provide you with the strongest possible defense.
Penalties for a Criminal Mischief Conviction in Colorado
Colorado classifies criminal mischief into different degrees based on the value of the damage caused. Here are the penalties that may be imposed if a person commits criminal mischief in Colorado:
Criminal Mischief – Class 3 Misdemeanor
If the damage is valued at less than $300, it is considered a Class 3 misdemeanor. Penalties for this degree of criminal mischief may include up to 6 months in jail and fines of up to $750.
Criminal Mischief – Class 2 Misdemeanor
When the damage is valued between $300 and $749, it is a Class 2 misdemeanor. Conviction can result in a jail sentence of up to 12 months and fines of up to $1,000.
Criminal Mischief – Class 1 Misdemeanor
If the damage is valued between $750 and $1,999, it is a Class 1 misdemeanor. Penalties may include a maximum jail term of 18 months and fines of up to $5,000.
Criminal Mischief – Class 6 Felony
When the damage is valued between $2,000 and $4,999, it is considered a Class 6 felony. Penalties can include 1 to 1.5 years in prison and fines ranging from $1,000 to $100,000.
Criminal Mischief – Class 5 Felony
If the damage is valued between $5,000 and $19,999, it is a Class 5 felony. Conviction may lead to a prison sentence of 1 to 3 years and fines ranging from $1,000 to $100,000.
Criminal Mischief – Class 4 Felony
When the damage is valued at $20,000 or more, it is a Class 4 felony. Penalties can include a prison sentence of 2 to 6 years and fines between $2,000 and $500,000.
Get our experienced Denver criminal defense lawyer at Weber Law in Denver, Colorado on your side if you are charged with criminal mischief. Our Denver criminal mischief lawyer will leave no stone unturned to get your charges dropped or reduced as far as possible.
Potential Defenses Our Denver Criminal Mischief Defense Attorneys May Use
Our proven and resourceful Denver criminal defense attorney at Weber Law will employ various strategies and defenses to challenge the prosecution’s case and fight for a favorable outcome for you.
- Lack of intent: Our attorney may argue that the damage was accidental or that you did not have the requisite intent to commit criminal mischief. Proving that the damage was a result of a mistake or misunderstanding can be a strong defense.
- Lack of evidence: Our lawyer will scrutinize the evidence against you to identify any weaknesses, inconsistencies, or gaps in the prosecution’s case. Insufficient evidence can lead to reduced charges or a dismissal.
- Alibi: If you can provide an alibi that places you elsewhere at the time of the alleged offense, this can be a powerful defense against criminal mischief charges.
- Consent: If you had the property owner’s permission to engage in the conduct that resulted in damage, our attorney can argue that you did not commit a crime.
- Mistaken identity: Our attorney may argue that you were not the person responsible for the damage, and that there may be a case of mistaken identity. Eyewitness misidentifications and other evidence can be challenged.
- Involuntary intoxication: If you were under the influence of substances that impaired your judgment and led to the property damage without your control, this can be a potential defense.
- Procedural errors: Our attorney will examine the procedures followed by law enforcement, such as the gathering of evidence or the handling of the case, to identify any violations of your rights that could lead to the exclusion of evidence or a case dismissal.
- Constitutional violations: If your rights were violated during your arrest, such as an unlawful search and seizure, our defense team can challenge the admissibility of evidence obtained through such violations.
- Plea negotiations: Our defense team can work to negotiate with the prosecution for reduced charges or penalties through plea bargains or diversion programs, particularly for first-time offenders.
- Restitution: Our defense attorneys may argue for a reduction in restitution amounts or an alternative resolution that may mitigate the financial burden on you as a result of the damage caused.
Get Our Top-Rated Denver Criminal Mischief Defense Attorney On Your Side
At Weber Law in Denver, CO, we have a decade of experience in successfully fighting for the rights of individuals facing criminal charges. Our dedicated defense team will do what it takes to challenge the prosecution’s evidence and build a robust defense for you. Call us today or contact us online to schedule your free consultation.