One way Bias-Motivated Crime is charged in Fort Collins and Larimer County, when a person is accused of causing property damage to intimidate or harass someone based on race, religion, sexual orientation or disability. When property damage is involved, then Criminal Mischief is also charged. Police are currently looking for someone they believe wrote hate speech on various doors and phone boxes in Denver. Using hate speech is almost always considered a Bias-Motivated Crime. But, there must be some other level to the hate speech as well. It must accompanied by an Assault, put someone in fear of bodily injury or their property being damaged, or actual property damage. In this case, the suspect would likely be facing Bias-Motivated Crimes and Criminal Mischief charges for the hate speech vandalism.
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:
Criminal Mischief / Property Damage is charged based on the amount of damage caused.
(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.
Something like spray painting hate speech, would likely be a misdemeanor charge for clean-up / repainting.
Bias-Motivated Crimes and Hate Speech in Loveland and Estes Park
In Fort Collins, Loveland and Estes Park, Colorado, Bias-Motivated Crimes – C.R.S. 18-3-121 – is defined as:
(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.
In the case above, the man would be charged under subsection (c). A charge for Bias-Motivated Crime hate speech under subsection (c) is charged as a class 1 misdemeanor.
If you or someone you love has been charged with Bias-Motivated Crime or Criminal Mischief, 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 Wendelin Jacober