Fort Collins Criminal Mischief Attorney | Graffiti and Nature

Jefferson County Sheriff is searching for the person responsible to using spray paint to graffiti rocks and trees on a hiking path. Read more about this story here.
Jefferson County Sheriff is searching for the person responsible to using spray paint to graffiti rocks and trees on a hiking path. Read more about this story here.
Image Source: Pixabay-sonnenbrunnen

Hikers are up in arms about some recent vandalism that occurred along Meadow View Trail in Jefferson County. According to the news report, someone has been using spray paint to graffiti various items in nature. Apparently the tag ‘lil dubz’ was painted on rocks and trees all along the trail and it is unknown if the spray paint can even be removed. No suspects have been identified at this time, but the Jefferson County Sheriff’s Office is requesting that anyone with information contact them. Unless someone comes forward with information or this ‘lil dubz’ is identified, it definitely seems like an uphill battle to find the alleged vandal or vandals. If they are caught, however, they will probably be facing Criminal Mischief charges. In Fort Collins, Criminal Mischief of this type is a misdemeanor crime with potential jail time in the Larimer County Jail.

Larimer County Graffiti Criminal Mischief Lawyer: What is the Definition of Criminal Mischief?

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

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.

Now, after reading the definition you may be thinking, who owns nature? If this had occurred at Horsetooth Mountain Park or any other park lands in Larimer, Boulder, or Grand County, who would be the victim? All property belongs to someone, right? And in this case, it is probably the State of Colorado or Jefferson County that owns the land and would be listed as the victims in this case.

Fort Collins Criminal Mischief Lawyer: What is the Sentence / Punishment for Painting Graffiti on Trees and Rocks?

Much like the Theft statute, Criminal Mischief can be charged as a felony or misdemeanor in Fort Collins, Loveland, and Estes Park depending on the amount of property damage caused:

Class of Fort Collins Crime Aggregate Damage of Property Harmed
Class 3 Misdemeanor Criminal Mischief Less than $300
Class 2 Misdemeanor Criminal Mischief $300 to $749
Class 1 Misdemeanor Criminal Mischief $750 to $999
Class 6 Felony Criminal Mischief $1,000 to $4,999
Class 5 Felony Criminal Mischief $5,000 to $19,999
Class 4 Felony Criminal Mischief $20,000 to $99,999
Class 3 Felony Criminal Mischief $100,000 to $999,999
Class 2 Felony Criminal Mischief $1,000,000 or more

For the alleged vandal(s) above, if the state decides the amount of damage exceeds $999, they could be looking at felony charges. There is no telling what dollar amount will be put on the damage they caused. A misdemeanor charges can be punishable by a sentence to the Larimer County Jail and a felony charge can be punishable by a sentence to the Colorado Department of Corrections.

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