Criminal Mischief Attorney in Fort Collins
Property Damage and a Hate Crime?

A man is wanted for Criminal Mischief and Hate Crime (Bias-Motivated Crime) after spray painting racial messages on buildings. Read more here.

Criminal Mischief is charged in Fort Collins and Larimer County when someone causes property damage. When the property damage also includes racist remarks, then Bias-Motivated Crime (Hate Crime) is also charged. That’s the case for a Colorado man who is wanted for spray painting racial messages across the outside of many different businesses. The messages were aimed against Black and white people and after reviewing surveillance, it was determined that the suspect is a Black or Hispanic male approximately 25 – 30 years old. If caught, the man will be facing Criminal Mischief and Bias-Motivated Crime charges.

Larimer County Criminal Mischief Lawyer: Definition of Criminal Mischief in Colorado

The Larimer County, Colorado law definition of Criminal Mischief – C.R.S. 18-4-501 – is:

(1) A person commits criminal mischief when he or she knowingly damages the real or personal property of one or more other persons, including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode.

Obviously, the man doesn’t own any of the business or buildings he tagged, so by spray painting on them, he damaged the property of another.

Sentence for Criminal Mischief in Loveland and Estes Park

In Fort Collins, Loveland and Estes Park, Criminal Mischief is charged based on the amount of damage caused. It is charged as follows:

Criminal mischief is:

(a) A petty offense when the aggregate damage to the real or personal property is less than three hundred dollars;

(b) A class 2 misdemeanor when the aggregate damage to the real or personal property is three hundred dollars or more but less than one thousand dollars;

(c) A class 1 misdemeanor when the aggregate damage to the real or personal property is one thousand dollars or more but less than two thousand dollars;

(d) A class 6 felony when the aggregate damage to the real or personal property is two thousand dollars or more but less than five thousand dollars;

(e) A class 5 felony when the aggregate damage to the real or personal property is five thousand dollars or more but less than twenty thousand dollars;

(f) A class 4 felony when the aggregate damage to the real or personal property is twenty thousand dollars or more but less than one hundred thousand dollars;

(g) A class 3 felony when the aggregate damage to the real or personal property is one hundred thousand dollars or more but less than one million dollars; and

(h) A class 2 felony when the aggregate damage to the real or personal property is one million dollars or more.

The article did not specify the value of the damage, but all the damage to each business / building will be totaled as one so the total damage will be the highest amount possible.

Fort Collins Bias-Motivated Crime Attorney: What is a Hate Crime in Colorado?

The Fort Collins, Colorado law definition of Bias-Motivated Crime – C.R.S. 18-9-121 – is:

A person commits a bias-motivated crime if, with the intent to intimidate or harass another person, in whole or in part, because of that person’s actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, or sexual orientation, he or she:

(a) Knowingly causes bodily injury to another person; or

(b) By words or conduct, knowingly places another person in fear of imminent lawless action directed at that person or that person’s property and such words or conduct are likely to produce bodily injury to that person or damage to that person’s property; or

(c) Knowingly causes damage to or destruction of the property of another person.

Because the man cause damage to the property of another, and specifically wrote hateful speech about other races, he can be charged with Hate Crime or Bias-Motivated Crime. A charge under subsection (b) or (c) is a class 1 misdemeanor. A charge under subsection (a) is a felony.


If you or someone you love has been charged with Criminal Mischief or Bias-Motivated Crime, be smart exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.

Photo by Su Korkmaz