Colorado criminal charge
Criminal mischief in Colorado
Criminal mischief is a criminal offense under Colorado law, defined by C.R.S. § 18-4-501. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-4-501.
What is the penalty for criminal mischief in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 days (Criminal mischief (damage < $300) — Aggregate damage to real or personal property is less than three hundred dollars.) | discretionary | C.R.S. § 18-1.3-503 |
| Fine | up to $300 (Criminal mischief (damage < $300) — Aggregate damage to real or personal property is less than three hundred dollars.) | discretionary | C.R.S. § 18-1.3-503 |
| Jail / prison | up to 120 days (Criminal mischief ($300–$1,000) — Aggregate damage is three hundred dollars or more but less than one thousand dollars.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $750 (Criminal mischief ($300–$1,000) — Aggregate damage is three hundred dollars or more but less than one thousand dollars.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 364 days (Criminal mischief ($1,000–$2,000) — Aggregate damage is one thousand dollars or more but less than two thousand dollars.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to $1,000 (Criminal mischief ($1,000–$2,000) — Aggregate damage is one thousand dollars or more but less than two thousand dollars.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 12 months to 18 months (Criminal mischief ($2,000–$5,000) — Aggregate damage is two thousand dollars or more but less than five thousand dollars.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $1,000 to $100,000 (Criminal mischief ($2,000–$5,000) — Aggregate damage is two thousand dollars or more but less than five thousand dollars.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Criminal mischief ($2,000–$5,000) — Aggregate damage is two thousand dollars or more but less than five thousand dollars.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Criminal mischief ($5,000–$20,000) — Aggregate damage is five thousand dollars or more but less than twenty thousand dollars.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $1,000 to $100,000 (Criminal mischief ($5,000–$20,000) — Aggregate damage is five thousand dollars or more but less than twenty thousand dollars.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Criminal mischief ($5,000–$20,000) — Aggregate damage is five thousand dollars or more but less than twenty thousand dollars.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Criminal mischief ($20,000–$100,000) — Aggregate damage is twenty thousand dollars or more but less than one hundred thousand dollars.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $2,000 to $500,000 (Criminal mischief ($20,000–$100,000) — Aggregate damage is twenty thousand dollars or more but less than one hundred thousand dollars.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Criminal mischief ($20,000–$100,000) — Aggregate damage is twenty thousand dollars or more but less than one hundred thousand dollars.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Criminal mischief ($100,000–$1,000,000) — Aggregate damage is one hundred thousand dollars or more but less than one million dollars.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $3,000 to $750,000 (Criminal mischief ($100,000–$1,000,000) — Aggregate damage is one hundred thousand dollars or more but less than one million dollars.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Criminal mischief ($100,000–$1,000,000) — Aggregate damage is one hundred thousand dollars or more but less than one million dollars.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 8 years to 24 years (Criminal mischief ($1,000,000 or more) — Aggregate damage is one million dollars or more.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | $5,000 to $1,000,000 (Criminal mischief ($1,000,000 or more) — Aggregate damage is one million dollars or more.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Criminal mischief ($1,000,000 or more) — Aggregate damage is one million dollars or more.; mandatory parole (5 years if crime of violence)) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2022-03-01 (SB21-271).
How is criminal mischief classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Criminal mischief (damage < $300) | Petty Offense | Aggregate damage to real or personal property is less than three hundred dollars. | 18-4-501(4)(a) |
| Criminal mischief ($300–$1,000) | Class 2 Misdemeanor | Aggregate damage is three hundred dollars or more but less than one thousand dollars. | 18-4-501(4)(b) |
| Criminal mischief ($1,000–$2,000) | Class 1 Misdemeanor | Aggregate damage is one thousand dollars or more but less than two thousand dollars. | 18-4-501(4)(c) |
| Criminal mischief ($2,000–$5,000) | Class 6 Felony | Aggregate damage is two thousand dollars or more but less than five thousand dollars. | 18-4-501(4)(d) |
| Criminal mischief ($5,000–$20,000) | Class 5 Felony | Aggregate damage is five thousand dollars or more but less than twenty thousand dollars. | 18-4-501(4)(e) |
| Criminal mischief ($20,000–$100,000) | Class 4 Felony | Aggregate damage is twenty thousand dollars or more but less than one hundred thousand dollars. | 18-4-501(4)(f) |
| Criminal mischief ($100,000–$1,000,000) | Class 3 Felony | Aggregate damage is one hundred thousand dollars or more but less than one million dollars. | 18-4-501(4)(g) |
| Criminal mischief ($1,000,000 or more) | Class 2 Felony | Aggregate damage is one million dollars or more. | 18-4-501(4)(h) |
Common questions about criminal mischief in Colorado
Is criminal mischief a felony or a misdemeanor in Colorado?
It depends on the circumstances: criminal mischief ranges from a Petty Offense to a Class 2 Felony in Colorado under C.R.S. § 18-4-501.
Criminal mischief (damage < $300): Petty Offense (C.R.S. § 18-4-501(4)(a)) · Criminal mischief ($300–$1,000): Class 2 Misdemeanor (C.R.S. § 18-4-501(4)(b)) · Criminal mischief ($1,000–$2,000): Class 1 Misdemeanor (C.R.S. § 18-4-501(4)(c)) · Criminal mischief ($2,000–$5,000): Class 6 Felony (C.R.S. § 18-4-501(4)(d)) · Criminal mischief ($5,000–$20,000): Class 5 Felony (C.R.S. § 18-4-501(4)(e)) · Criminal mischief ($20,000–$100,000): Class 4 Felony (C.R.S. § 18-4-501(4)(f)) · Criminal mischief ($100,000–$1,000,000): Class 3 Felony (C.R.S. § 18-4-501(4)(g)) · Criminal mischief ($1,000,000 or more): Class 2 Felony (C.R.S. § 18-4-501(4)(h))
What are the penalties for criminal mischief in Colorado?
Penalties for criminal mischief in Colorado depend on how it is classified — from a Petty Offense up to a Class 2 Felony — with the ranges set by C.R.S. § 18-1.3-503, C.R.S. § 18-1.3-501 and C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers criminal mischief?
Criminal mischief is governed by C.R.S. § 18-4-501 (Criminal mischief).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.