Property Crimes Attorneys in Colorado Springs
Property crimes include usually non-violent crimes such as theft, arson and criminal mischief, that can all carry severe sentences. Navigating property crime charges requires the extensive knowledge and effective representation style of the Colorado Springs attorneys at Aviso Law. Our property crime attorneys are experts on criminal law and property crime charges, and we have the experience, skill and client-focused approach needed to help you fight property crime charges and reach the best possible outcome.
Property crimes can range from low-level misdemeanors to serious felonies, and the severity of most property crimes depends on the financial harm to the victim. Regardless of the charge, it is important to be represented by an experienced attorney. Often, the prosecutor will exaggerate the actual damage and financial harm suffered by the victim, and other times, prosecutors might only offer a good plea offer if defendants agree to pay restitution to their victim in an amount that exceeds their actual loss. For these and many other reasons, it is important for those charged with property crimes to be represented by experienced attorneys who can aggressively advocate for their clients and guard against overreaching prosecutors.
The capable team of attorneys at Aviso Law has experience representing clients in some of the largest and most complex property crime cases in Colorado. Regardless of the type or severity of property crime, we seek to provide aggressive and personalized representation to each of our clients and help them achieve optimal results.
Theft in Colorado is when a person takes the property of somebody else without intending to return it. Like many property crimes, theft has different degrees of severity depending on the value of what has been stolen.
These are the different offense types for theft:
- $50-$300 — Class 3 Misdemeanor
- $300-$750 — Class 2 Misdemeanor
- $750-$2000 — Class 1 Misdemeanor
- $2,000 – $5,000 – Class 6 Felony
- $5,000 – $20,000 – Class 5 Felony
- $29,000-$100,000 — Class 4 Felony
- $100,000-$1,000,000 — Class 3 Felony
- More Than $1,000,000 — Class 2 Felony
Though theft may seem like a straightforward charge, it is important for a number of reasons to be represented by an attorney experienced with litigating theft cases, especially at trial. The defenses for theft can be complex and require an attorney with extensive experience in the courtroom presenting these defenses to juries. Also, the expertise of an attorney is vital in the instance of a plea deal or guilty verdict where a judge will order the defendant to pay restitution to the victim. A skilled attorney can litigate the restitution amount to the benefit of their client.
At Aviso Law we are adept at these areas of theft crimes and others. With experience working on complex cases, our lawyers have the ability to aggressively represent clients who have been charged with theft while at the same time providing top-quality, individualized representation to each and every client.
In Colorado the crime of Arson can range from a relatively minor misdemeanor to a serious felony but is often complex due to considerations of how a fire was started and whether it was for the purposes of making an insurance claim.
Similar to other property crimes, there are different severities of arson. First-degree arson is when a person knowingly sets fire to or burns a building or occupied structure belonging to somebody else. Second-degree arson lowers the threshold by only requiring that a person burn or set fire to the property of somebody else, as opposed to a building or occupied structure. Third degree arson is when a person sets fire to or burns property for the purposes of filing an insurance claim on the property. Fourth degree arson is where sets fire to something and creates the risk of death or serious bodily injury to another person.
Aviso Law’s attorneys have represented clients in complex arson cases and have the ability to work with complex forensic evidence in order to most effectively represent clients at all stage of trial. While always serving our client’s individual needs, the Aviso team litigates with the best possible results of our clients in mind.
Criminal mischief in Colorado is defined as knowingly damaging somebody else’s property. Criminal mischief can include acts of vandalism and revenge, such as breaking another person’s window or tire slashing.
To be found guilty of a criminal mischief charge in Colorado, the prosecution must prove the following elements:
- Intentional or knowing conduct: The prosecution must demonstrate that the defendant (i.e., the accused individual) acted intentionally or knowingly. This means they purposely damaged or destroyed someone else's property or had knowledge that their actions would likely result in damage or destruction.
- Damage or destruction: The court needs to show that the defendant caused damage to another person's property. This could involve physically damaging the property, defacing it, impairing its use, or interfering with the property owner's rights.
- Recklessness or negligence (in some cases): In certain circumstances, criminal mischief charges can also apply if the accused acted recklessly or negligently, resulting in damage or destruction. This may involve situations where the defendant fails to exercise reasonable care and their actions lead to property damage.
- Property ownership or interest: The prosecution typically has to establish that the damaged or destroyed property belonged to someone else or that the defendant had a legal interest in the property that was harmed. It's important to note that property damage to one's own belongings generally does not constitute criminal mischief.
Similar to other property crimes, the severity of a criminal mischief charge depends on the dollar value of the damage caused to the property. The specific value thresholds may be outlined in the state statutes, and different degrees of charges or penalties may apply based on the assessed value.
The different offense types for criminal mischief are as follows:
- $100-$499 — Class 2 Misdemeanor
- $500-$999 — Class 1 Misdemeanor
- $1,000 – $2,000 – Class 6 Felony
- $2,000 – $5,000 – Class 5 Felony
- $5,000-$20,000 — Class 4 Felony
- $20,000 or more — Class 3 Felony
Like other property crimes, it is important for those charged with Criminal Mischief to be represented by an attorney who is experienced with this specific type of case and who is able to take the case to trial.
At our law firm we not only have the ability to push back against overzealous prosecutors, they are also skilled trial attorneys who are able to fight back in the courtroom when necessary. While always keeping the client’s best interest in mind, we at Aviso Law will aggressively litigate on behalf of our clients to obtain the best results possible.
Every attorney will tell you they put their clients first. That is true for Aviso Law but it’s how we go about it that sets up apart. We understand the difference between being prepared and aggressive in courtrooms, while being understanding and pragmatic in client meetings. We believe in being realistic as well as easy to work with through all the phases of your case, both in and out of court; this saves you money and time while still receiving the service you deserve with the goal of achieving desired results.
To us, success isn’t measured by the years we’ve spent behind a desk but by the careers we’ve built, the contacts we’ve made, and the thousands of clients we’ve served to protect jobs, families, education, and reputations. We developed our careers in Colorado’s military and civil courts, successfully defending clients from all walks of life. We come highly rated by our clients and have received professional recognition for our work.
Breaking the Mold
We’re not your typical law firm. We don’t wear fancy suits (unless we have to in court) and we don’t hide behind big imposing desks. Reflective on our military roots, we strive to serve. We understand the legal process can be threatening and worrisome, which is why we work with our clients to get results. We aim to be respectful, diligent, and cost-effective while practicing the highest standards of legal representation.