In Hackensack or other municipalities in New Jersey, what starts as a campus prank or innocent fun can result in criminal mischief charges. Criminal mischief is primarily a property crime in NJ, often involving vandalism of property, including graffiti. Depending on the type and amount of alleged damage, criminal mischief can be a disorderly persons offense, or it may be charged as an indictable (felony) crime in the third or fourth degree. This type of conviction can devastate the life of a defendant, who may be a college student or young person just starting out.
If you or a loved one has been accused of criminal mischief in Hackensack or elsewhere in Bergen County, you need experienced counsel who understands local criminal courts. The Lento Law Firm has years of experience representing clients in criminal mischief cases in NJ, including college student defense. We understand the legal landscape in Bergen County, and we can use our contacts and knowledge to get our clients the best possible results. Call the Lento Law Firm at 888-535-3686 or contact us online, and we will contact you promptly.
Criminal Mischief Offenses in Bergen County
Under New Jersey law, property damage caused by vandalism or other destructive behavior is termed criminal mischief. Criminal mischief may range from a disorderly persons offense to a third—or fourth-degree felony in NJ. In extreme situations involving harm to people, it can be charged even more stringently.
The level at which a criminal mischief offense is charged depends largely on the damaged property's value.
- For property worth under $500, criminal mischief is typically charged as a disorderly persons offense.
- For property damages from $500 to $2,000, criminal mischief is typically charged as a fourth-degree indictable offense or felony.
- For property damages of $2,000 or more, criminal mischief is typically charged as a third-degree indictable offense or felony.
- This same law is in effect if alleged damage to property took place on a college campus.
The prosecutor has a great deal of discretion, and other facts are also important. If you have questions about why you were charged in a particular way, call the Lento Law Firm. Remember that negotiation is always an option, and we are experienced with defendants negotiating for lesser charges or avoiding charges altogether through conditional dismissal or other pretrial interventions.
Penalties for Criminal Mischief in Bergen County
In New Jersey, penalties for criminal mischief can vary, depending on the level of the charges. Criminal mischief in the third degree is punishable by 3-5 years of incarceration and a fine of up to $15,000. Criminal mischief in the fourth degree is punishable by up to 18 months in prison and a fine of up to $10,000. Criminal mischief as a disorderly persons offense is punishable by up to 6 months in county jail and a fine of up to $1,000.
While criminal mischief charges are taken seriously by New Jersey courts, first-time offenders should be able to avoid significant jail time. Several programs are available, particularly to students or those not at high risk for reoffending. In Bergen County, a case may be eligible for conditional dismissal or pretrial intervention. The attorneys at the Lento Law Firm can help determine the best strategy and program for each case. Call us today to begin your defense strategy.
Pretrial Intervention in Bergen County
If you are a first-time offender, you can avoid having a criminal record by going through the Pretrial Intervention (PTI) program in New Jersey. Eligible defendants must take steps outlined by the courts, typically involving rehabilitation and restitution. In return, the defendant will have no criminal record and will not serve jail time.
Eligibility for the PTI Program
In Bergen County, the local prosecutor must consider 17 factors before deciding whether a particular defendant is suitable for the PTI program. Those with a prior felony conviction or who are currently charged with first—or second-degree crimes are typically not eligible. In the case of criminal mischief, the defendant without a prior felony conviction who has never used the PTI program in the past will likely be eligible.
Among the things that a prosecutor will consider include:
- The nature of the offense, particularly whether violence was involved.
- The defendant's intent and whether there was intent to harm another person.
- The facts of the case, including whether alcohol or drugs were involved.
- The age of the defendant.
- The prior history of the defendant, including any pattern of violence or anti-social behavior.
- Defendant's mental health issues, if any.
- The likelihood of the defendant's success in the PTI program.
- The “needs of society” or the public's reason for prosecution.
If the defendant is a successful college student, the prosecutor may be more receptive to diversion into the PTI program.
Who Determines Eligibility for PTI?
The Bergen County Prosecutor administers and controls the PTI program, but an Assistant prosecutor is assigned to individual cases. After a PTI application, the County will prepare a report on individual defendants and their suitability for the program. The victim has input in Bergen County and might request restitution for the property damage involved.
If the county rejects a defendant's application to PTI, the defendant will receive a memorandum explaining the basis for the rejection. A defendant may appeal the denial, but the burden is high because they must show a “gross abuse of discretion.” It is, therefore, vital that the defendant make their best case for PTI the first time. The Lento Law Firm is experienced with PTI and understands the stumbling blocks that might prevent you from being eligible if not addressed early. Discuss your concerns with an experienced attorney at the Lento Law Firm before you seek PTI in New Jersey.
How Long does it to Complete PTI?
If the defendant is accepted into PTI, the county will prepare an order that the court and the parties will sign. The length of a PTI commitment depends on the severity of damage and other factors. It typically lasts six months to a year or multiple years for more serious or complicated offenses. During this time, the defendant must avoid further trouble and complete some rehabilitation or restitution. If a defendant fails to comply with the PTI order, the supervising PO can file a motion to terminate the defendant's participation in the PTI program.
Juvenile Charges and Parental Responsibility in Bergen County
If Bergen County charges someone under 18 with criminal mischief, the charges are governed by the same laws but by a different court. The charges will be assigned to a juvenile justice court, which has many more options for handling cases because the emphasis will always be on rehabilitation.
If a juvenile is charged, the prosecutor may ask whether the parents exercised reasonable supervision or control. In some cases, the parent may be charged under New Jersey state law section 2A:53A-15, which covers wilful destruction of property by a child under 18.
The juvenile justice system may emphasize rehabilitation, but in reality, even juvenile criminal charges can devastate a young person's life. A criminal record can damage long-term educational and employment opportunities. An attorney for a young student who has made a bad decision must understand that this should not lead to long-term economic and personal losses. The Lento Law Firm represents young people in the juvenile justice system facing criminal mischief charges. We can also discuss issues of parental responsibility with their parents. Call the Lento Law Firm today.
College Student Defense in Bergen County
Sometimes, a college prank can result in criminal mischief charges, which may be more than the student anticipated. Students in this position should be cautious—the charges may affect your status at your college or university. This is a particular concern if the alleged destruction of property occurred on campus. The emphasis of your defense should be on the prevention of a criminal record and prevention of code of conduct violations based on a criminal conviction. If students fail to consider the effect charges or pleas may have on their school status, they may make a big mistake with unintended consequences. The Lento Law Firm understands the unique challenges presented by college student defense to criminal mischief charges. Call the Lento Law Firm today to discuss these issues.
How the Lento Law Firm Can Help
If you or a loved one faces criminal mischief charges in Hackensack, Fort Lee, Garfield, or elsewhere in Bergen County, the Lento Law Firm can help. Whether you are a juvenile or a college student, the Lento Law Firm is especially sensitive to the effect this may have on your education status. The Lento Law Firm Criminal Defense Team will emphasize early resolution of your case through available programs, including conditional dismissal and PTI. We can address records expungement and other ways to avoid a criminal record. Don't face this challenging time with just any attorney. Call the attorneys with a proven track record of representing defendants on criminal mischief charges. Call the Lento Law Firm at 888-535-3686 or contact us online, and we will contact you promptly.