Penalties for criminal mischief in Colorado track the dollar value of the damage. Breaking a $200 car window is a petty offense. Causing $3,000 in graffiti cleanup is a felony. The classification jumps at $300, $1,000, $2,000, $5,000, $20,000, $100,000, and $1,000,000 in damage, with consequences that run from a modest fine to 24 years in prison, and almost every conviction also carries a restitution order on top of any fine or jail term.
What the Charge Covers
Colorado Revised Statutes 18-4-501 defines criminal mischief as knowingly damaging the real or personal property of another.1Justia. Colorado Code 18-4-501 – Criminal Mischief “Knowingly” means being aware your conduct is practically certain to cause the damage. Backing into a mailbox by accident is not criminal mischief. Kicking it down because you’re angry is.
The statute reaches public and private property alike, from graffiti on an overpass to slashed tires in a parking lot. One point surprises people: it also covers property you partly own. Smashing furniture during a fight in a shared apartment, or wrecking a jointly-titled car, can bring charges even though your name is on the deed or title.1Justia. Colorado Code 18-4-501 – Criminal Mischief
Penalties by Damage Amount
Colorado restructured its misdemeanor system on March 1, 2022, dropping the lowest tier of criminal mischief to a petty offense and collapsing misdemeanors into two classes. The figures below are current.
Petty Offense: Damage Under $300
The lowest tier. Petty offenses are lighter than misdemeanors but still produce a criminal record.1Justia. Colorado Code 18-4-501 – Criminal Mischief
Class 2 Misdemeanor: $300 to Under $1,000
Up to 120 days in jail, a fine of up to $750, or both.2Justia. Colorado Code 18-1.3-501 – Misdemeanors Classified
Class 1 Misdemeanor: $1,000 to Under $2,000
Up to 364 days in jail, a fine of up to $1,000, or both.2Justia. Colorado Code 18-1.3-501 – Misdemeanors Classified The dollar between $999 and $1,000 triples the jail ceiling, which is why damage valuation matters so much at these thresholds.
Class 6 Felony: $2,000 to Under $5,000
One to 18 months in prison, a fine of $1,000 to $100,000, and one year of mandatory parole.1Justia. Colorado Code 18-4-501 – Criminal Mischief3Justia. Colorado Code 18-1.3-401 – Felonies Classified
Class 5 Felony: $5,000 to Under $20,000
One to three years in prison, a fine of $1,000 to $100,000, and two years of mandatory parole.
Class 4 Felony: $20,000 to Under $100,000
Two to six years in prison, a fine of $2,000 to $500,000, and three years of mandatory parole.
Class 3 Felony: $100,000 to Under $1,000,000
Four to 12 years in prison, a fine of $3,000 to $750,000, and three years of mandatory parole.
Class 2 Felony: $1,000,000 or More
Eight to 24 years in prison, a fine of $5,000 to $1,000,000, and three to five years of mandatory parole.3Justia. Colorado Code 18-1.3-401 – Felonies Classified
Restitution Is Separate from the Fine
On top of fines and any incarceration, Colorado requires every conviction order to address restitution. Under 18-1.3-603, the court must set a specific amount, order one to be determined within 91 days, or make an explicit finding that no victim suffered a financial loss.4Justia. Colorado Code 18-1.3-603 – Assessment of Restitution – Corrective Orders In property damage cases, victims almost always have a provable loss, so restitution is effectively automatic.
Restitution covers the actual cost of repair or replacement, including labor and materials. If vandalism forced a business to close, lost income during the closure can be ordered too. Restitution goes to the victim; fines go to the state. The two are stacked, not substituted. A Class 5 felony conviction can mean prison, up to $100,000 in fines, and a separate order to pay the full repair bill. Failing to pay restitution can revoke probation.
Multiple Properties, One Episode
Colorado adds up damage across a single criminal episode rather than charging each item separately. Four cars hit in one night at $600 each becomes $2,400 in aggregate damage, which pushes what would have been four petty offenses into a single Class 6 felony.1Justia. Colorado Code 18-4-501 – Criminal Mischief This aggregation rule is one of the fastest ways a case moves from misdemeanor to felony territory.
What Pushes Penalties Higher
Bias Motivation
If the damage was motivated by bias against the victim’s race, religion, sexual orientation, disability, ancestry, national origin, or transgender identity, prosecutors can file an additional charge under 18-9-121.5Justia. Colorado Code 18-9-121 – Bias-Motivated Crimes – Legislative Declaration Bias-motivated property destruction is a Class 1 misdemeanor, carrying up to 364 days in jail and a $1,000 fine. It stacks on top of the underlying criminal mischief charge. A $500 incident could draw a Class 2 misdemeanor for the damage and a Class 1 misdemeanor for the bias motive, nearly tripling the maximum jail exposure.
Prior Felony Convictions
Colorado’s habitual criminal statute, 18-1.3-801, raises the ceiling on repeat felony offenders. Two prior felonies in the preceding ten years can push a new felony-level criminal mischief sentence to three times the presumptive maximum. Three priors multiply it by four.6Justia. Colorado Code 18-1.3-801 – Punishment for Habitual Criminals A Class 4 felony with a six-year maximum can become 18 or 24 years. These enhancements apply only to felony charges, not misdemeanors.
Ways to Reduce or Avoid a Conviction
The “knowingly” element is often the first battleground. Accidental damage is not criminal mischief, and the line between recklessness and knowing conduct is fact-intensive.
Challenging the damage valuation matters even more, because every classification turns on dollars. Prosecutors sometimes work from inflated repair estimates or attribute pre-existing deterioration to the defendant. In cases involving abandoned or run-down buildings, showing that most of the damage was there already can drop the proven amount below a threshold and drop the charge class with it. The gap between $1,900 and $2,100 is the gap between a misdemeanor and a felony. Other defenses include consent from the owner, genuine belief the property was yours, and misidentification.
For a first-time charge, Colorado’s deferred judgment statute, 18-1.3-102, offers a path to no conviction at all. You plead guilty, the court delays entry of the conviction for up to four years on a felony or two years on a misdemeanor or petty offense, and you comply with probation-like conditions. Complete the terms, and the plea is withdrawn and the case dismissed with prejudice. Deferred judgments need the prosecutor’s agreement, so they are not available in every case.
A conviction, or a dismissed case, can later be sealed after a waiting period that scales with the severity of the offense: one year for a petty offense, two for a Class 2 misdemeanor, three for a Class 1 misdemeanor or a Class 4, 5, or 6 felony, and five for a Class 2 or 3 felony.7Colorado Judicial Branch. Sealing Criminal Records – April 2025 Sealing does not erase the record, but it blocks most employers, landlords, and background check services from seeing it.
Consequences Beyond the Sentence
A felony criminal mischief conviction can disqualify you from professional licenses in fields like healthcare, education, and law enforcement, where boards have broad discretion over applicants with criminal records. Even a misdemeanor can complicate background checks.
For non-citizens, the stakes are higher. Federal immigration authorities evaluate whether an offense qualifies as a crime involving moral turpitude, which can trigger deportation or bar an adjustment of status. Whether a particular criminal mischief conviction crosses that line depends on federal caselaw and the facts, not just the Colorado statute. Anyone who is not a U.S. citizen should talk to an immigration attorney before entering any plea.
Felony convictions also affect firearm rights under state and federal law and can follow you into housing, student aid, and job applications for years. That is why the valuation fight at charging is often the most consequential moment in the case: the misdemeanor-felony line reshapes your options long after the sentence is served.