Criminal Mischief Lawyer in Greeley, Colorado: Legal Definition & Penalties

If you have been accused of criminal mischief, theft or any other property crime in Larimer or Weld counties, the McAdams Law Office is here to protect your rights and your freedom.

Attorney William (Bill) T. McAdams is a former Colorado prosecutor who is now fighting for those accused of crimes. He has a great deal of understanding of the criminal justice system, has brought more than 60 cases to trial, and has the skill, experience and ability to present a strong case in your defense. He has a history of successful outcomes in defending clients accused of these crimes.

What is Criminal Mischief in Colorado and Could You Be Charged?

In Colorado, criminal mischief occurs when an individual knowingly damages another person’s property without consent. This can encompass a wide range of actions, from keying a car to vandalizing a building. It’s important to note that in order to be charged with criminal mischief, there must be intent involved. Accidental damage does not constitute a criminal offense.

Common Causes of Criminal Mischief Charges in Colorado

There are several common causes that can lead to criminal mischief charges in Colorado. These include:

• Vandalism: Acts of graffiti, tagging, or other forms of defacing property can result in criminal mischief charges.
• Property destruction: Deliberately damaging someone else’s property, such as smashing windows or slashing tires, can lead to criminal mischief charges.
• Domestic disputes: During heated arguments or acts of domestic violence, property damage may occur, resulting in criminal mischief charges.
• Road rage incidents: Altercations on the road can escalate, leading individuals to damage each other’s vehicles or property, resulting in criminal mischief charges.

Each case is unique, and the circumstances surrounding the actions will be taken into account when determining the severity of the charges.

How Are Criminal Mischief and Domestic Violence Linked?

Criminal mischief charges can often be linked to acts of domestic violence. During heated arguments or acts of physical violence, individuals may damage property as an act of control or intimidation. These actions can result in criminal mischief charges and be considered a form of domestic violence. Seek legal assistance if you are facing criminal mischief charges related to domestic violence, as the consequences can be severe.

When Is Criminal Mischief a Misdemeanor or Felony in Colorado?

The severity of criminal mischief charges in Colorado depends on the value of the damaged property and the intent behind the action. Generally, criminal mischief is charged as follows:

• Class 1 Misdemeanor: If the value of the damaged property is less than $1,000. This can result in fines of up to $5,000 and up to 18 months in jail.
• Class 4 Felony: If the value of the damaged property is $1,000 or more. This can result in fines of up to $500,000 and up to 6 years in prison.

It is important to consult with an experienced attorney to understand the specific charges you are facing and the potential consequences.

What Are the Penalties for Criminal Mischief Convictions?

If convicted of criminal mischief in Colorado, the penalties can vary depending on the severity of the charges. Some of the potential consequences include:

• Fines: Individuals can face substantial fines, ranging from hundreds to thousands of dollars.
• Restitution: If the damaged property belongs to someone else, the court may require the individual to pay for the repairs or replacement.
• Incarceration: Depending on the severity of the charges, individuals can face jail or prison time
• Probation: In some cases, individuals may be placed on probation, requiring them to follow certain conditions and restrictions.

The specific penalties will depend on the facts of the case, prior criminal history, and the judge’s discretion.

Key Defenses Against Criminal Mischief Charges

When facing criminal mischief charges, it is essential to have a skilled defense attorney by your side. Some common defenses against criminal mischief charges include:

Lack of Intent: If you can prove that the damage was accidental or unintentional, it may help dismiss or reduce the charges.

Mistaken Identity: If there is a question of identity and it can be proven that you did not commit the act of criminal mischief, the charges may be dropped.

Insufficient Evidence: Your attorney can challenge the evidence against you, including eyewitness testimony or surveillance footage.

Constitutional Rights Violations: If your rights were violated during the investigation or arrest process, it can impact the validity of the charges against you.

An experienced Greeley criminal defense attorney will assess the details of your case and develop a defense strategy tailored to your specific circumstances.

How to Choose the Best Defense Attorney for Criminal Mischief Cases

When selecting a defense attorney for your criminal mischief case, it is crucial to consider their experience, expertise, and track record of success. Here are some key factors to consider:

• Experience: Look for an attorney who has specific experience in criminal defense, particularly in cases related to criminal mischief.
• Reputation: Research the attorney’s reputation through online reviews, testimonials, and recommendations from trusted sources.
• Communication: Choose an attorney who communicates effectively, listens to your concerns, and provides clear explanations of the legal process.
• Availability: Ensure the attorney has the time and resources to dedicate to your case and provide the attention it deserves.

By carefully considering these factors, you can select an attorney who will advocate for your rights and guide you through the complexities of your criminal mischief case.

Time Is Critical To Defense Cases — Retain An Attorney Immediately

The sooner you retain a criminal mischief attorney, the better your chances will be of a favorable outcome. Time gives your lawyer the opportunity to thoroughly investigate your case, track down witnesses, negotiate with prosecutors, get to know you and gain information about extenuating circumstances. All of this can be put to use as strategy for the defense.

Representing The Defense In Theft Cases

We have represented criminal cases that include everything from an arrest for stealing a burrito to forging names on hundreds of thousands of dollars worth of checks to stealing food stamps or otherwise defrauding any social services departments.

Most people find out the hard way that if you jointly own a piece of property with someone else and you break that property, you will be liable to arrest. For instance, if you and your spouse own a beautiful vase and in a fit of anger one of you breaks the vase during a fight, that person can be arrested for criminal mischief — selling the vase, yes, but damaging it or destroying it? No. Mr. McAdams has been successful in helping charges like these get dismissed or otherwise avoiding consequences in troubling situations like these, including situations involving false accusations of child abuse and domestic violence charges.

Call An Experienced Attorney Now

If you have been accused of property crime, theft crime, or any other crime in Greeley or throughout Larimer County and Weld County, learn how a former prosecutor can help defend you. Call (970) 353-0000 for a free consultation that is confidential. You may also send us a secure and confidential email to schedule an appointment with one of our criminal mischief lawyers.