Colorado
In Colorado the crime of criminal mischief is defined as knowingly damaging the property of another or property owned jointly with another. The actual charge and penalty faced for this offense is dependent on the value of the property that was damaged.
| Criminal Damage | Charge | Potential Sentence |
| Less than $500 | Class 2 Misdemeanor | 3 months to 1 year in jail and $250 to $1,000 in fines. |
| $500 to $1,000 | Class 1 Misdemeanor | 6 to 18 months in jail and $500- $5,000 in fines. |
| $1,000 to $20,000 | Class 4 Felony | 2 to 6 years in prison and $2,000 to $500,000 in fines. |
| More than $20,000 | Class 3 Felony | 4 to12 years in prison and $3,000 to $750,000 in fines. |
Ref: Colo. Rev. Stat. 18-4-501
Colorado Defacing Property Laws
You may be charged with defacing property (vandalism) in Colorado under a few different circumstances:
1. Destroying, defacing, removing, or damaging any historical monument, or
2. Defacing or aiding or permitting the defacing of public or private property without consent of the owner. This includes painting, drawing, writing, etc. (graffiti)
The seriousness of the offense depends on if you have been prosecuted for this offense before. If this is your first offense, you will be charged with a Class 2 misdemeanor punishable by 3 months to one year in jail and $250 to $1,000 in fines.
If this happens to be your second or subsequent conviction, you face Class 1 misdemeanor charges and a potential sentence of 6 to 18 months in jail and at least $750 and up to $5,000 in fines.
If convicted of graffiti, the judge may order you to repair the property that was damaged or compensate the owner for the loss of the property if it is not repairable. You may also lose your driver’s license for a period of time to be determined by the judge.
Ref: Colo. Rev. Stat. 18-4-509
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Hi, My friend was faced with a charge of criminal mischief at his apartment, for throwing a small object at his roomates door, it didn’t cause any damage but the cop gave him a ticket for criminal mischeif and now he’s afraid of going to jail… What are the possible outcomes of this?
Pretty much, he lost his job and housing due to this and now he has to get a plane ticket before the court date, and he’s not sure if he can even change the court date….
Another problem is, that he just got off probation and couldn’t get into any trouble for 6 months, and he broke that… and got that charge… Could he face prison??
Hi Leanna,
It sounds like a complicated situation that would be difficult to analyze without an attorney asking your friend a number of questions. I recommend you have him call to arrange a free consultation with a local attorney.
best of luck to your friend,
dave