For defense attorneys in Fort Collins and Loveland, plea deals are an incredibly useful tool in representing our clients. This allows for the defendant to get some sort of reprieve from the original potential sentence. For example, if charged with a DUI, your lawyer may work out a deal where you plead to a DWAI, where the potential jail time is lessened and fewer community service hours are required. Usually, the less punitive crime that the defendant will plead to is a related crime, however, that is not always the case. Sometimes, the crime doesn’t really matter, it’s more about the level of felony or misdemeanor and the agreed upon sentence. A man was set to go to trial on an Aggravated Car Theft allegation, but his attorney was able to work out a plea deal where he pled to misdemeanor Criminal Mischief. Those two crimes – stealing a car and property damage aren’t directly related at face value, but it was probably a case of trying to find the right crime to get a sentence everyone was agreeable to.
Criminal Mischief Charged in Loveland: Colorado Definition of Criminal Mischief
The Loveland, Colorado law definition of Criminal Mischief – C.R.S. 18-4-501 – is:
Basically, causing damage to someone else’s property (or jointly owned property) will result in these charges.
Fort Collins Sentence for Criminal Mischief: What is the Punishment for Criminal Mischief Property Damage?
Criminal Mischief is a common choice for plea deals because it can be charged as a petty offense all the way to a high-level felony. This means it is easy to choose the level to get the agreed upon sentence. Criminal Mischief is charged as follows:
- A petty offense when the aggregate damage to the real or personal property is less than three hundred dollars;
- 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;
- 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;
- 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;
- 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;
- 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;
- 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
- A class 2 felony when the aggregate damage to the real or personal property is one million dollars or more.
This means, depending on the level chosen for a plea deal or charged, the sentence for Criminal Mischief can range from a simple fine to up to 24 years in the Colorado Department of Corrections. This particular crime allows for a wide range of sentencing options, which is why it’s often a good choice for a plea deal. Now, it’s important to note that usually, DAs like to keep a plea deal somewhat related to the original crime – it’s more than rare that a violent crime like Assault would result in a property crime conviction like Criminal Mischief.
If you or someone you love has been charged with 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.
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