Criminal Mischief – Colorado Law & Penalties – C.R.S. § 18-4-501

Colorado Revised Statute § 18-4-501 C.R.S. prohibits criminal mischief, which is knowingly damaging “the real or personal property of one or more other persons.”

Depending on the extent of the property damage, criminal mischief can be a petty offense, misdemeanor, or felony.

Criminal mischief is the formal term for “vandalism” or “destruction of property.”

From what we have seen, criminal mischief charges are often filed in situations where emotions run high rather than where someone planned to commit a crime. Arguments between neighbors, family disputes, breakups, road rage incidents, and property damage during intoxication frequently lead to arrests. While replacing or repairing damaged property can help in negotiations, it does not automatically make the criminal case disappear.

In this article, our Denver criminal defense attorneys will address the following key issues regarding Colorado criminal mischief laws:

• 1. Elements of C.R.S. 18-4-501
• 2. Penalties
• 3. Defenses
• 4. Immigration Consequences
• 5. Record Seals
• 6. Related Offenses
• Frequently Asked Questions
• Additional Resources

1. Elements of C.R.S. 18-4-501

For you to be convicted of criminal mischief in Colorado, prosecutors must prove beyond a reasonable doubt that you knowingly damaged or destroyed another person’s property. This can be personal belongings or real estate.

Note you can face criminal mischief charges even if you jointly own the property you are damaging:

Example: Marcia and Joe are going through a contentious divorce. They jointly own a painting, though it means more to Joe than to Marcia. To get Joe upset, Marcia knifes the painting in half. Even though Marcia is a co-owner of the artwork, she could face criminal mischief charges because she did not have Joe’s consent to destroy it.

From what we see, criminal mischief charges often arise out of domestic disputes or fights between neighbors where property gets damaged out of anger or revenge.¹

2. Penalties

Colorado’s punishment for criminal mischief depends on the monetary equivalent of the damage done. Depending on the case, courts calculate this number by the property’s:

• Fair market value,
• Original purchase price,
• Replacement cost,
• General use and purpose, and/or
• Salvage value.²

The following chart lays out the possible criminal sentences for violating C.R.S. 18-4-501.

Value of Damage	Colorado Criminal Mischief Penalties
Less than $300	Petty offense:  Up to 10 days in jail and/or $300.
$300 to less than $1,000	Class 2 misdemeanor:  Up to 120 days in jail and/or $750.
$1,000 to less than $2,000	Class 1 misdemeanor:  Up to 364 days in jail and/or $1,000.
$2,000 to less than $5,000	Class 6 felony:  1 to 1 ½ years in Colorado State Prison and/or $1,000 to $100,000.
$5,000 to less than $20,000	Class 5 felony:  1 to 3 years in prison and/or $1,000 to $100,000.
$20,000 to less than $100,000	Class 4 felony:  2 to 6 years in prison and/or $2,000 to $500,000.
$100,000 to less than $1,000,000	Class 3 felony:  4 to 12 years in prison and/or $3,000 to $750,000.
$1,000,000 or more	Class 2 felony:  8 to 24 years in prison and/or $5,000 to $1,000,000.3

Note that if the damage arises out of an alleged domestic violence episode, you will be placed under a mandatory domestic violence protective order whether or not the damage was an accident.⁴

We frequently tell clients that the dollar amount of the damage can be just as important as whether the damage occurred at all. We have handled cases where challenging repair estimates or obtaining independent valuations significantly reduced the charge because Colorado’s penalties increase sharply at specific monetary thresholds.

3. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with property crimes such as criminal mischief. In our experience, the following five defenses have proven very effective with prosecutors, judges, and juries at getting C.R.S. 18-4-501 charges reduced or dismissed.

1. The incident was an accident. You never meant to damage any property and therefore did not act “knowingly.”
2. You acted in lawful self-defense. You destroyed the property in a reasonable attempt to protect yourself or others.⁵
3. You were a victim of mistaken identity. You were not the one who damaged the property, and someone misidentified you (such as during a lineup).
4. You are the victim of false allegations. Someone wrongly accused you of destroying the property, perhaps out of anger or revenge or to get a leg up in an ongoing court case.
5. No damage occurred. Perhaps the police were mistaken about the property being damaged. Perhaps it was damaged a while ago, and you had nothing to do with it.

A partial defense to criminal mischief charges is that the property was worth much less than claimed. If successful, this defense could get the charge reduced to a lesser crime level with lower penalties.

In many cases we defend, prosecutors initially assume property damage was intentional simply because people were angry. After reviewing surveillance footage, witness statements, photographs, or repair records, we have often been able to show the damage was accidental, exaggerated, or caused by someone else.

4. Immigration Consequences

Non-citizens convicted of criminal mischief in Colorado potentially face deportation, especially if it was connected to a domestic violence situation.⁶

If a client is not a U.S. citizen, we always discuss immigration consequences before accepting any plea offer. We have seen situations where resolving a case quickly seemed appealing but carried immigration consequences that were far more significant than the criminal penalties themselves.

Learn about the criminal defense of immigrants in Colorado.

5. Record Seals

If and when a Colorado criminal mischief conviction can be sealed from your criminal record depends on the specific case. The following chart outlines when you can petition the court for a seal:

Criminal Mischief Conviction	Waiting Period for Record Seal in Colorado
Petty offense	1 year after the case closes
Class 3 misdemeanor (as it existed before March 1, 2022) Class 2 misdemeanor	2 years after the case closes
Class 1 misdemeanor Class 6 felony Class 5 felony Class 4 felony	3 years after the case closes
Class 3 felony Class 2 felony	Never

Note that any criminal mischief charge that gets dismissed may be sealed right away. The record seal process itself is complex and can take many months. Learn more in our article, how to petition for a record seal in Colorado.⁷

6. Related Offenses

We regularly see prosecutors charge criminal mischief together with the below-listed offenses. Even when one charge appears relatively minor, the combination of charges can significantly affect plea negotiations and sentencing.

Note that if the criminal mischief was allegedly related to domestic violence, the court will impose a mandatory protection order against you. 

Defacement of Property

Colorado law has specific crimes for defacing written instruments, landmarks, posted notices, and other property. Charges range from a civil infraction to a class 1 misdemeanor. Learn more about Colorado defacement laws.⁸

Arson

Arson is intentionally or recklessly setting fire to property. Arson charges are common in cases involving insurance fraud. It can be a petty offense, misdemeanor or felony in Colorado, depending on the specific property, damage, and your motivations.⁹

Burglary

Burglary is knowingly entering or unlawfully remaining on someone else’s property with the intent to commit a crime other than trespass. The punishment depends on the type of property and level of danger to anyone inside. Note that you can be convicted of burglary in Colorado without damaging any property.¹⁰

Tampering

Tampering in the first degree is tampering with the property of an institution or utility that provides health or safety protection. Meanwhile, tampering in the second degree is tampering with another person’s property with the intent to annoy, injure, or inconvenience. Both degrees of tampering are class 2 misdemeanors.¹¹

Trespass

Trespass is unlawfully entering or remaining on someone else’s property. It can be a petty offense, misdemeanor or felony in Colorado, depending on the case.¹²

Disorderly Conduct

Disorderly conduct is a broad offense that includes breaching the peace, causing a public disturbance, or firing a gun in public. It can be either a misdemeanor or petty offense depending on the circumstances.¹³ 

Frequently Asked Questions

What happens if I damaged property that I partly own with someone else?

You can still be charged with criminal mischief even if you jointly own the property. For example, if you destroy something you co-own during a divorce or dispute without the other owner’s consent, you could face charges. The law requires consent from all owners before damaging jointly-owned property.

Can I be ordered to pay restitution?

Yes. If you are convicted of criminal mischief, the court can order restitution to compensate the victim for financial losses caused by the property damage. Restitution is separate from fines and may include repair costs, replacement costs, insurance deductibles, and other qualifying losses supported by evidence.

In our experience, restitution is often one of the most heavily negotiated parts of a criminal mischief case. We frequently review repair estimates, invoices, and replacement values because inflated damage calculations can increase both the criminal charge and the amount a client may ultimately have to pay.

How do courts decide the dollar value of damage for my penalties?

In a Colorado criminal mischief case, the severity of the charge depends on the dollar amount of damage, but that figure is often disputed. Prosecutors typically rely on repair estimates, invoices, replacement costs, or expert opinions to determine the value of the damage.

However, the defense may challenge whether the alleged amount reflects the actual loss, especially when estimates are inflated, multiple items are grouped together, or the property had pre-existing damage. In some cases, the value may be based on the reasonable cost of repair, not the original purchase price or replacement value.

Successfully reducing the alleged damage amount can result in lower charges or a dismissal, since criminal mischief penalties increase sharply at specific dollar thresholds.

Can criminal mischief charges be dismissed if I pay for the damage?

No. Paying for the damaged property does not automatically require prosecutors to dismiss criminal mischief charges. However, voluntarily compensating the victim may help during plea negotiations or sentencing because it demonstrates accountability and may reduce the victim’s financial loss.

From what we have seen, early repayment can sometimes improve the overall resolution of a case, particularly when the damage is relatively minor and the victim is primarily interested in being made whole. We often advise clients to discuss any repayment strategy with their attorney before contacting the alleged victim directly.

Can I get my criminal mischief conviction removed from my record?

Yes, but the waiting period depends on your conviction level. Petty offenses can be sealed after one year, misdemeanors and lower-level felonies after two to three years, but class 2 and 3 felonies (damage of $100,000 or more) can never be sealed. Dismissed charges can be sealed right away.

What if the damage was an accident or I was defending myself?

Accident and self-defense are strong defenses to criminal mischief charges. Since the law requires you to “knowingly” damage property, proving the damage was accidental can get charges dismissed. Self-defense applies if you damaged property while reasonably protecting yourself or others from harm.

In these cases, the most valuable evidence we rely on includes surveillance video and eyewitness accounts. 

Does graffiti count as criminal mischief in Colorado?

Yes. Graffiti, spray painting, etching, or otherwise defacing another person’s property without permission can constitute criminal mischief if it knowingly damages the property. Depending on the circumstances, prosecutors may also file other charges related to defacement or trespass.

Many criminal mischief cases we see involve graffiti or vandalism committed by young adults who did not appreciate the long-term consequences of a felony property crime. We often find that early intervention and demonstrating community involvement can improve negotiations in appropriate cases.

Will my homeowner’s or auto insurance cover criminal mischief damage?

Possibly. Insurance policies often cover certain types of vandalism or criminal mischief, but coverage depends on the policy language, deductibles, exclusions, and the facts of the incident. Insurance coverage does not determine whether criminal charges may be filed.

We regularly explain to clients that insurance issues and criminal liability are separate matters. Even if an insurance company pays for repairs, prosecutors may still pursue criminal charges, although insurance payments can sometimes affect restitution calculations.

Can a juvenile be charged with criminal mischief?

Yes. Juveniles may face delinquency proceedings for criminal mischief when they knowingly damage another person’s property. Although juvenile court emphasizes rehabilitation more than adult court, serious property damage can still result in substantial consequences.

Many families contact us after a teenager damages property during a prank or emotional outburst. In our experience, taking responsibility early, obtaining counseling when appropriate, and showing meaningful efforts to repair the damage can often place a juvenile in a better position during the court process.

Can I still be charged if the property owner forgives me?

Yes. Criminal mischief is prosecuted by the State of Colorado, not by the victim. Even if the property owner no longer wants to pursue the matter, prosecutors may continue with the criminal case if they believe sufficient evidence exists.

We have handled many cases where the victim wanted the charges dropped after being reimbursed or reconciling with the defendant. While the victim’s wishes can sometimes influence plea negotiations, they generally do not control whether prosecutors continue the prosecution.

Can I be sued in civil court after a criminal mischief case?

Yes. A criminal case and a civil lawsuit are separate proceedings. Even if the criminal case ends through a plea bargain or dismissal, the property owner may still pursue a civil action seeking compensation for damages if supported by law.

We often remind clients that resolving the criminal case is not always the end of the matter. When there is significant property damage, it is important to consider both the criminal exposure and the possibility of later civil claims when deciding how to resolve the case.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Protecting Artistic Vandalism: Graffiti and Copyright Law – NYU Journal of Intellectual Property & Entertainment Law.
• The Writing on Our Walls: Finding Solutions through Distinguishing Graffiti Art from Graffiti Vandalism – University of Michigan Journal of Legal Reform.
• Punishing Vandalism Correctly in an Access Economy – Notre Dame Journal of Legal Ethics & Public Policy.
• Theft and Vandalism on Construction Sites – Journal of Construction Engineering and Management.
• The Process Frame: Vandalism, Removal, Re-Siting, Destruction – A Companion to Public Art.

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Legal References