While criminal mischief may sound like a minor offense, it carries harsh consequences in New Jersey. Criminal mischief can encompass various actions. It’s often defined as the intentional damage or defacing of another person’s property. If you’ve been arrested for criminal mischief, it’s in your best interest to contact an experienced Bergen County Criminal Defense Attorney who can help you understand your rights and options. Please continue reading as we explore the potential consequences you can face for criminal mischief in New Jersey.
What is Criminal Mischief?
In New Jersey, criminal mischief is codified under N.J.S.A 2C:17-3, which provides that a person is guilty of this offense if they:
- “Purposely or knowingly damage tangible property of another or damage tangible property or another recklessly or negligently in the employment of fire, explosives, or other dangerous means.”
- “Purposely, knowingly, or recklessly tampers with tangible property of another so as to endanger person or property, including the damaging or destroying of a rental premises by a tenant in realization for the institution of eviction proceedings.”
Essentially, it covers crimes of property destruction. Damage can range from vandalism, graffiti, breaking windows, kicking in doors, and even more serious acts like arson. The following include, but are by no means limited to the most common types of actions that often are cited as criminal mischief in New Jersey:
- Vandalism
- Trespassing
- Graffiti
- Breaking windows
- Kicking in doors
- Tampering with utilities
- Tampering with gravesites
- Damaging property (private or public)
- Damaging vehicles
What Are the Potential Penalties?
If you have been charged with criminal mischief in New Jersey, the grade of the charge and the severity of the penalties you can face will vary widely depending on what property was destroyed, the value of the damage, and whether or not your destruction of this property caused injury to another party.
Generally, criminal mischief is considered a disorderly person’s offense, which equates to a misdemeanor in other states, if the damage involved is less than $500. If you caused damages between $500 and $2,000, or if, gas, oil, water pipes, or telephone wires are destroyed or tampered with, a four-degree charge will apply. If the damage of losses were $2,000 or more, it can be updated to a third-degree crime. In extreme cases, criminal mischief can escalate to an indictable crime, which equates to a felony in other states.
It’s important to note that depending on the nature of the crime, you may have to pay restitution to victims. For example, if the crime involves graffiti, you may have to pay for the damage and perform community service.
At The Law Office of Carl Spector, we are prepared to safeguard your rights and fight for the best possible outcome given the unique circumstances of your case. Connect with our firm today for guidance and skilled representation during these difficult times.
