PT3M9S
“So can you get in trouble for breaking your own things? In other words, can you be charged for domestic violence? criminal mischief offense if you're breaking your own things? Unfortunately, in the state of Colorado, the answer is yes.”
“So what we see happening a lot is couples will get into some kind of argument or dispute. And a lot of times, you know, you have all this pent up anger and aggression, and you don't want to hurt the other person, but you have nowhere else to go and you punch a wall or you throw something. Now, if you punch your own wall, it's still going to be a criminal offence. For the criminal mischief charge. If you throw your own phone and break your own phone, it's still a criminal mischief charge.”
“The reason that that is, be it right or wrong, is that the act of criminal mischief is just the act of breaking something of value, or damaging something of value. There's nothing in the elements of a criminal offense, criminal mischief charge that doesn't have to be of value to another person.”
“Sometimes people will intrude domestic violence incidents, they will break things as an act of control over the other person. So one of the most common things that we see is, If a couple is arguing, one spouse will grab something that someone bought for them. So let's say it's some kind of knickknacks and they say, you bought this for me and it doesn't mean anything anymore, and then they'll break it that's doing that act is them trying to control the situation and trying to hurt the other person emotionally.”
“criminal mischief involves the damage of property of value, and it can be any value, it's anywhere from zero to millions of dollars. The level of criminal mischief charge will depend on the amount of damage done and the cost to replace it. But yes, in Colorado, you can be charged for breaking your own things.”
“Now, if you punch your own wall, it's still going to be a criminal offence. For the criminal mischief charge. If you throw your own phone and break your own phone, it's still a criminal mischief charge.”
“Sometimes people will intrude domestic violence incidents, they will break things as an act of control over the other person.”
“The reason that that is, be it right or wrong, is that the act of criminal mischief is just the act of breaking something of value, or damaging something of value.”