in the wall of the marital home, you can be charged with criminal mischief because both you and your wife own the home.  In addition, you can be charged with domestic violence, which is a sentence enhancer, because you damaged the property of an intimate partner. 

 

While many criminal mischief cases resolve without a jail sentence since sentencing alternatives are typically available, the value of the property will determine the severity of the crime and the amount of potential jail. 

​

• Property damage from $1 to $299 is a class 3 misdemeanor, punishable by zero to six months in jail.C.R.S. § 18-4-501(4)(a).

• Property damage from $300 to $749 is a class 2 misdemeanor, punishable by three to twelve months. § 18-4-501(4)(b).

• Property damage from $750 to $999 is a class 1 misdemeanor, punishable by six to eighteen months.§ 18-4-501(4)(c).

• Property damage from $1,000 to $4,999 is a class 6 felony, punishable by twelve to eighteen months in prison. § 18-4-501(4)(d).

• Property damage from $5,000 to $19,999 is a class 5 felony, punishable by one to three years in prison. § 18-4-501(4)(e).

• Property damage from $20,000 to $99,999 is a class 4 felony, punishable by two to six years in prison. § 18-4-501(4)(f).

• Property damage from $100,000 to $999,999 is a class 3 felony, punishable by four to twelve years in prison. § 18-4-501(4)(g).

• Property damage from $1,000,000 or more is a class 2 felony, punishable by eight to twenty-four years in prison. § 18-4-501(4)(h).

 

Theft is another very common crime against property.  Theft is the taking of another person’s property with the intent to permanently deprive the other person of that property.  See § 18-4-401(1).  Although this is the simplest definition of theft, there are other ways a theft can be committed.  See generally § 18-4-401.  Like criminal mischief, the value of the stolen property determines the level of offense and potential jail sentence.

​

• Stolen property worth less than $50 is a class 1 petty offense, punishable by zero to six months in jail.C.R.S. § 18-4-401(2)(b).

• Stolen property worth $50 to $299 is a class 3 misdemeanor, punishable by zero to six months in jail.§ 18-4-401(2)(c).

• Stolen property worth $300 to $749 is a class 2 misdemeanor, punishable by three to twelve months. § 18-4-401(2)(d).

• Stolen property worth $750 to $1,999 is a class 1 misdemeanor, punishable by six to eighteen months.§ 18-4-401(2)(e).

• Stolen property worth $2,000 to $4,999 is a class 6 felony, punishable by twelve to eighteen months in prison. § 18-4-401(2)(f).

• Stolen property worth $5,000 to $19,999 is a class 5 felony, punishable by one to three years in prison. § 18-4-401(2)(g).

• Stolen property worth $20,000 to $99,999 is a class 4 felony, punishable by two to six years in prison. § 18-4-401(2)(h).

• Stolen property worth $100,000 to $999,999 is a class 3 felony, punishable by four to twelve years in prison. § 18-4-401(2)(i).

• Stolen property worth $1,000,000 or more is a class 2 felony, punishable by eight to twenty-four years in prison. § 18-4-401(2)(j).

 

While criminal mischief and other property crimes can carry potential jail sentences, many of these cases do not result in a jail sentence.  Unlike crimes of violence, Colorado law allows for sentencing alternatives, like probation instead of jail, for crimes against property.  See § 18-1.3-104(1)(a).  The vast majority of property crimes result in probation rather than jail, especially if you have only been charged with a misdemeanor offense.  However, remember if you stole or destroyed something that belonged to an intimate partner, you will likely be charged with domestic violence as well.  Domestic violence is a sentence enhancer and requires certain sentencing conditions.  Typically, you will be placed on probation still but required to do domestic violence counseling if you plead guilty, unless you are a habitual domestic violence offender.

 

Contact the Law Office of Michael Swink today and speak with an attorney experienced with property crimes who understands how property crimes interact with other sentence enhancers like domestic violence.