Colorado Criminal Mischief Laws

Despite the name, criminal mischief is a serious crime in Colorado. All criminal mischief crimes require damage to or entry onto the property of another. Other names for criminal mischief are vandalism, trespass, tampering, or defacing property.

Under Colorado law, criminal mischief is the knowing damage to the real or personal property of one or more persons in the course of a single criminal episode. This includes property owned by the defendant with another person.

Criminal mischief may be a felony or misdemeanor, depending on the value of the property damaged. Malicious intent is not required. The law only requires that the defendant knew that property damage would result from their actions.

In a criminal mischief case, property or “premises” is real property or buildings owned by another or that they have a proprietary interest in. It can also be non-navigable streams flowing through the property. This differs from defacing property laws, which can include historical monuments, caves, and buildings.

Criminal Mischief and Other Crimes

Criminal mischief and other property crimes often result from family arguments. Property owners can cause property damage to their own property if they share it with others. Domestic violence cases often include criminal mischief or property damage charges.

Colorado Criminal Mischief Laws at a Glance

Criminal mischief laws in Colorado can be complex. We’ve gathered important points below to help you better understand what’s involved.

Statutes

• Colorado Revised Statutes Section 18-4-501 (Criminal mischief)

Penalties and Sentences

Destruction of property is any damage to the real or personal property of another. It includes defacing, damaging, breaking, painting, marking, or removing natural elements from the property. For instance, destroying landscaping by pulling up flowers is criminal mischief.

The sentences and penalties for criminal mischief depend on the value of the property involved, as reflected below:

• Less than $300: Petty offense
• $300-1000: Class 2 misdemeanor
• $1000-2000: Class 1 misdemeanor
• $2000-5000: Class 6 felony
• $5000-20,000: Class 5 felony
• $20,000-100,000: Class 4 felony
• $100,000-$1 million: Class 3 felony
• Over $1 million: Class 2 felony

Possible Defenses to Criminal Mischief Under Colorado Law

Criminal mischief does not require an intent to cause damage for the prosecutor to file criminal charges. The law does require that a defendant know that damage could result from their actions. For instance, if you drove across someone’s property, you may not have intended to damage their lawn, but you must have realized that you would do so.

If you face charges for criminal mischief, there are some common defenses to the act if you did not realize you could have damaged someone’s property. These include:

• Honest accident: If you were unaware that your actions damaged property, you may not be guilty.
• Self-defense/necessity: If the damage occurred during a reasonable attempt to protect yourself, others, or to prevent a greater harm, your actions may constitute a defense. For instance, if you drove your car onto someone’s property to avoid hitting a child who ran into the street, you would be less culpable. You might still have to pay for the damage.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) before making any legal decisions.

Colorado Criminal Mischief Laws: Additional Resources

• Colorado Vandalism Laws
• Colorado Disorderly Conduct Laws
• Colorado Criminal Laws
• Colorado Criminal Statute of Limitations Laws

Get Legal Advice from a Colorado Criminal Defense Attorney

Colorado criminal mischief laws can end in a small fine or a felony conviction. If you’re facing a criminal mischief charge, you need legal advice from an experienced Colorado criminal defense lawyer. A criminal mischief conviction can be expunged, but it’s better to avoid having one on your record in the first place.