In Eversham, Burlington, Pemberton, Willingboro, Mount Laurel, and other townships or cities in Burlington County, NJ, seemingly fun activities like tagging properties or graffiti painting can quickly become a criminal offense.
It doesn't matter if you think it was harmless fun, spray-painting a home without permission or tampering with public utilities can devolve into a criminal mischief charge. A guilty verdict from a criminal mischief charge can have lifelong consequences, including possible incarceration.
The Criminal Defense Team at the Lento Law Firm has experience with the justice system in New Jersey and knows how to navigate criminal mischief cases to secure favorable outcomes for our clients.
Call us at 888-535-3686 or fill out this contact form to discuss your case.
Understanding New Jersey's Criminal Mischief Offenses
The criminal mischief section of the New Jersey Criminal Code broadly defines it as:
- Knowingly or intentionally causing damage or destroying tangible private or public property.
- Recklessly tampering with public or private property with the intention of causing harm to the owner or the property.
Examples of criminal mischief in New Jersey include:
- Defacing or wrecking a rented property after being served an eviction notice.
- Vandalizing public or private property.
- Spraying graffiti on private or public properties.
- Tampering with or limiting access to a fire hydrant, e.g., parking in front of one.
- Intentionally allowing or bringing in contaminants into a research lab, thereby compromising its research integrity.
- Reckless endangerment of airplanes by placing obstacles on runways.
- Throwing objects at moving vehicles or private property, e.g. “egging” properties or cars.
As you can see, these definitions are very broad in categorizations and cover a wide swath of actions. The key element for establishing criminal mischief is intent.
The prosecutor merely needs to show that the defendant “intentionally or knowingly” took those actions, understanding that their actions might lead to loss or damage.
Ultimately, because of the broad definition, these types of cases are often at the mercy of the Burlington County judge's interpretation of the law.
Here's the thing: when it comes to your defense, you do not want to be at the mercy of an interpretation of the law. Instead, you want a defense that favors you.
This is why you should come talk to our criminal defense attorneys at the Lento Law Firm. Our understanding of New Jersey's criminal mischief law and experience dealing with these types of cases can be a big asset to you.
College Student Criminal Mischief Defense in Burlington County
The most common criminal mischief offense committed in Burlington County Colleges like Rowan College and other tertiary institutions is vandalism. In fact, in recent history, unknown persons vandalized and ransacked a former Pembleton Township campus.
Students who engage in graffiti painting, keying vehicles, breaking windows, tagging monuments, and other forms of property destruction or vandalism can be charged with criminal mischief if caught. The severity of their actions will often determine the extent of the penalties they'll have to serve.
So, if you're a student or the parent of one who has been charged with criminal mischief on the campus of a Burlington County tertiary institution, it is imperative to seek the help of an experienced college student criminal defense attorney.
A good lawyer will fight aggressively to exonerate you or your child because we understand the lifelong impact of a criminal record. We will explore many options, including one where there will be no criminal record — which could be by reaching a deal to prevent one or seeking an expungement.
Because most students are young and ignorant, they tend to engage in seemingly “fun” activities without fully understanding the repercussions of their actions. Every student deserves a second chance at life without a criminal record. Let's help give them one by providing them with competent legal representation for any criminal mischief charge that the school or anyone else levels against them.
Call 888-535-3686 or fill out this contact form to speak to an attorney.
Steps to Take if You're Charged with Criminal Mischief in Burlington County, NJ
If you have been arrested and charged with criminal mischief, there's just one step to take: Ask to speak to an experienced criminal defense attorney.
Without this, everything else is moot. While the court will usually inform you that the state can provide one – usually a public defender – for you, you need to understand that letting a public defender handle your case is not the right choice.
They often have lots of cases to defend, which means your case won't get the attention or dedication it needs. On the other hand, a criminal defense lawyer will be committed to going above and beyond to secure a fair outcome through their knowledge of the law and experience with similar case types.
Penalties and Grading of Criminal Mischief Offenses in Burlington County
The range of criminal mischief offenses varies from a mere nuisance to very serious. The judicial system considers that the defendant may not have been aware of the gravity of their actions when they committed them; this particularly applies to minors and juveniles.
Therefore, in light of the judicial system's awareness of a lack of intent among defendants, among other factors, the courts have a gradient system within which all criminal mischief cases are categorized. These include:
- Graffiti-related offenses: Involves spray painting or defacing private or public property. This carries a penalty of at least 20 days of community service, restitution including cleaning the graffiti, possible imposition of fines, and/or possible prison sentence.
- Disorderly person's offenses: Usually involve the defendant's actions resulting in property damages valued at $500 or less. Penalties for disorderly persons' offenses include a monetary fine of up to $1,000, up to 6 months of community service or incarceration in a county jail, restitution to the property owner, and a criminal record.
- Fourth degree: Involves private or public property damages valued at between $500 and $2,000. Penalties could include up to 18 months in state prison, possible community service, up to $10,000 monetary fines, restitution to the property owner, and/or a felony charge on the criminal record.
- Third degree: Covers public and private property damages valued at over $2,000 and significant destruction or disruption of public utilities. Also, it may include bodily harm caused by their actions. Penalties for defendants may include 3-5 years of prison time, up to $15,000 in monetary fines, community service, restitution, and a felony charge on the criminal record.
- Second degree: Extends to reckless vandalism, damages, and service interruptions resulting in the death of one or more persons. Penalties include 5 to 10 years of state prison incarceration, monetary fines of up to $150,000, restitution, community service, and a felony record.
Can Minors Be Sentenced for Criminal Mischief in Burlington County
Yes, they can. And they may be potentially subject to the same degree of punishment as adult defendants. The only difference is that they are tried under New Jersey's juvenile justice system, which is inclined towards community service or probation with certain restrictions.
However, in extreme cases and depending on the severity of their crimes, minors may be tried as adults. If your child is a minor and has been charged with criminal mischief in New Jersey, speak to an experienced juvenile criminal defense attorney to explore your options.
Can Parents Be Held Liable for Juvenile Criminal Mischief Actions?
Yes. The parental liability for certain acts of minors and liability of parents for wilful property destruction of minors under 18 sections of New Jersey's laws show that parents can be held responsible for property destruction actions carried out by their children or wards.
The prosecutor merely needs to prove that the parent didn't exercise reasonable supervision and lawful control over the minor when they carried out those acts. So, if you're a parent of a minor or juvenile, you could be on the hook for your child's actions.
Pretrial Intervention for Criminal Mischief in Burlington County
New Jersey's Pretrial Intervention program (PTI) is just one of the options that our Criminal Defense Team at the Lento Law Firm can explore if you're a first-time criminal mischief offender.
The key benefit of this program is that it helps prevent you or your child from having a criminal record. To be eligible for New Jersey's PTI, the state prosecutor will consider some or all of the following:
- The defendant's intent and if harming someone else was part of it.
- If the defendant has a mental disorder that influenced their actions.
- Whether the offense was violent and caused serious bodily harm to others.
- The defendant's age.
- The defendant's past history of violence.
- If the defendant was under the influence of alcohol, drugs, or other substances when they committed the acts.
- Whether the defendant will ultimately benefit from the program.
- The defendant's current academic performance if they're a student — depending on other factors, a prosecutor may be inclined to allow stellar students to do the PTI program instead.
Contact a Criminal Mischief Defense Attorney in Burlington County, NJ
Securing favorable outcomes, lenient penalties, and/or no criminal record in a criminal mischief case depends on the skills and experience of a Burlington County criminal defense lawyer.
Having successfully defended many people in similar situations, the Criminal Defense Team at the Lento Law Firm has the required experience, skills, and knowledge of the law to do the same for you.
Call 888-535-3686 or fill out this contact form to speak to discuss your case today.
