Criminal Mischief / Property Damage Lawyer in Fort Collins
Man Breaks Transport Van Window with His Head

A man was charged with Criminal Mischief Property Damage after using his head to break a transport van window. Read more here.

In Fort Collins and Larimer County, Criminal Mischief is charged when someone is accused of causing property damage to someone else’s property. A man recently found himself charged with this crime, on top of what he had already been arrested for, after he acted out while being transported to jail. According to the report, the man had been arrested for a Domestic Violence Assault. While in the transport van, he began to slam his head against the van window causing it to break. He was eventually able to be calmed down and ended up with additional charges for the property damage.

Larimer County Criminal Mischief Attorney: Definition of Criminal Mischief / Property Damage 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, there is no argument about who the transport van belongs to. But, we have seen cases where someone breaks something that they own and they end up with these charges. For example, let’s say you were at home and arguing with your significant other. Out of anger, you throw your phone and it hits the TV, breaking the screen. Police are called because of the noise and your significant other tells the police that the TV belonged to both of you. That statement would give the police all they needed to charge you with Criminal Mischief as an act of Domestic Violence.

Sentence for Criminal Mischief in Loveland and Estes Park

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

(a) A class 3 misdemeanor 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 seven hundred fifty dollars;

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

(d) A class 6 felony when the aggregate damage to the real or personal property is one 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.

So, let’s say it costs $500 to replace a window on a van. This would mean the man above would be facing a class 2 misdemeanor Criminal Mischief charge.


If you or someone you love has been charged with Criminal Mischief for property damage, 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 your free initial phone consultation. Together, we can protect your future.

Image Source: Pexels – Vlad Chetan