Legal Question in Criminal Law in Colorado

Re: Type of offense

There are several potential offenses, including felonies. The most likely is probably Criminal Mischief. This is an offense where a person causes damage to property. The offense level is based on the amount of damage. A felony is when there is more than $500 of damage.

The good news is that these can be pled down to misdemeanors or better. You should contact a lawyer for each son. Depending on the facts, they may not be guilty of anything, but . . . .

Do not let the kids talk with the police or prosecutor until they talk with an attorney first.

Re: Type of offense

Hello:

Under Colorado statute, the charge of criminal mischief is applicable only if a person has the "intent" to do damage to the property of another. What this means is that the prosecution must prove that the person charged with the crime intend to do the damage, and that it was not merely an accident (if it was an accident, then the charge is not applicable). If the damage is $500 or more, than it is a class 4 felony.

The charge of criminal mischief does not require any proof of intent to steal anything; rather it only requires proof of intent to damage the property of another.

As you know, a felony charge is extremely serious. For any felony charge, there is a possibility of doing time in prison and a fine. Also, especially for the 18 year old, a felony conviction or plea will remain on his record forever and will likely cause him "problems" in the future with job interviews, background checks, etc.

My recommendation to you is to have your son and step-son not talk to police or anyone further, and to contact an attorney immediately.

I would need to know more about the circumstances in order to fully apprise you of the case. I would do a free initial consultation with you, your son, and your step-son and we can discuss more in detail what actually happened and how this case sizes up.

If you wish to discuss this further, please contact me. David Colt, 303-321-6872. I am located in the Cherry Creek area of Denver.

Re: Type of offense

Whether the offense is a felony depends on the amount of damage (or the amount stolen). This applies to criminal mischief charges. The pair need to speak with an attorney before they speak with anyone else. Get them help NOW.