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Definitions of Criminal Mischief

You got upset. You ended up breaking something in the heat of the moment, but you were in your own house. You wish you hadn’t let it get that far but you surely shouldn’t be looking at a count of criminal mischief against you, right? Actually, in the state of Colorado, criminal mischief is when someone knowingly damages another person’s property, including if it is jointly owned by you and a spouse.

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The elements of criminal mischief are:

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. knowingly,
  4. damaged the real or personal property of one or more other persons, including property owned by the defendant jointly with another person or property owned by the defendant in which, at the time of the damage, another person had a possessory or proprietary interest,
  5. in the course of a single criminal episode.
  6. and that the defendant’s conduct was not legally authorized by the
    affirmative defense

The penalties for criminal mischief can vary depending on the value of the damaged property, but you could be facing between $750 - $1,000,000 of fines and anywhere from 6 months to 24 years in prison. If you want to meet with someone who will listen to you, help you understand your options, and ensure that you receive a fair outcome, contact Chris Ponce.

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Chris Ponce

Chris Ponce is a former prosecutor with a stellar conviction record. Chris knows how to dismantle a criminal case, because he spent years building them. Chris is licensed to practice in every county in the State of Colorado. He is also licensed to practice before the Colorado Court of Appeals, and the Colorado Supreme Court.
Email chris@hamptonpigott.comPhone (720) 566-5055