Criminal mischief charges often fly under the radar when compared to more serious offenses—but make no mistake—convictions can turn anyone's life upside down. Whether Essex County pursues charges against minor property damage or more severe claims like tampering with public utilities, guilty verdicts can lead to hefty fines, restitution, and even jail time, depending on the extent of the damage. Whether defendants are in high school or college or are working professionals taking care of families, criminal mischief charges will significantly impact their lives.
An effective defense protects your record, finances, and personal freedom, and the Lento Law Firm Criminal Defense Team understands how New Jersey addresses criminal charges. We're well known for successfully defending clients in Essex County, and we'll leverage our experience to build a winning defense strategy for you. Call us today at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.
What Are Criminal Mischief Charges?
New Jersey has a broad definition of criminal mischief encompassing two distinct characteristics of damaging and tampering with another's property. As explained in the criminal code, individuals are guilty of charges if a court substantiates the following:
- Purposely or knowingly damaging tangible property of another, whether recklessly or negligently, in the employment of fire, explosives, or other dangerous means.
- Purposely, knowingly, or recklessly tampering with tangible property of another, including endangerment of others or damaging or destroying rental premises by tenants in retaliation for eviction proceedings.
Criminal mischief can vary greatly in severity. Courts are aware that teenagers accused of criminal mischief may have believed a building they vandalized to be uninhabited and had no intention of hurting anyone or destroying anything. Conversely, a judge will view a premeditated attack on a business or home, causing hundreds of thousands of dollars of damage and resulting in reckless harm, far more seriously. Therefore, if actions threaten someone's safety or livelihood, Essex County prosecutors and the judge will treat the case accordingly with more extensive penalties.
How Does New Jersey Grade Criminal Mischief?
New Jersey does not use the terms "misdemeanor" or felony." Instead, charges are classified as disorderly persons offenses or indictable offenses, the latter of which is split into three degrees of severity.
Essex County prosecutors will bring a disorderly persons offense charge if an individual causes pecuniary loss (loss in value) of $500 or less in the commission of the crime. Convictions can lead to a maximum penalty of a $1,000 fine and up to six months in jail. If damage involves graffiti, those convicted must serve 20 days of mandatory community service on top of fines, restitution, and jail time, which includes time spent removing the graffiti from the property.
Charges are upgraded because of many factors, but primarily because of the damage alleged and how many are affected. The next level of charge, a fourth-degree offense, is punishable by 18 months imprisonment and a $10,000 fine under the following circumstances:
- Pecuniary losses of more than $500 but less than $2,000.
- Tampering with aviation facilities, such as airports, heliports, and landing areas.
- Damaging or obstructing any fuel, water, electric, or telecommunication line or appurtenance thereof.
If Essex County prosecutors can assert an element of intentionality was associated with the acts, the accused will likely face a third-degree charge. Deliberate damages over $2,000 may invoke penalties such as a prison sentence of three to five years and a $15,000 fine. The following acts are also considered third-degree criminal mischief:
- Damaging, eradicating, changing, or releasing research property or causing physical disruption to a research facility.
- Desecrating, destroying, or tampering with stored or interred human remains.
- Causing substantial interruption or impairment of public utilities or services.
- Removing or damaging signs, signals, or air traffic control while causing bodily injury or property damage.
- Recklessly tampering with aviation facilities, causing bodily harm or property damage.
In New Jersey, the highest criminal mischief grade is a second-degree offense. Penalties can include a fine of up to $150,000 and between five and ten years in state prison. The leading characteristic differentiating a second-degree charge from others is recklessness on the part of the accused that leads to the deaths of victims in relation to extensive interruptions or impairments to aviation equipment and facilities, as well as public utilities and services.
Juvenile Criminal Mischief
Some may believe that when Essex County pursues criminal mischief charges against minors, the punishments are less severe. However, New Jersey uses the same laws to adjudicate juveniles. It's handled the same way, with the same offense grades, except minors are processed through the juvenile justice system. In rare instances, juveniles may be waived to the adult court based on the severity of the offense.
New Jersey's juvenile system can provide alternative means of punishment, such as probation or diversion, to prevent recidivism. Nevertheless, if the court shows that the juvenile offender's parent or guardian failed to exercise reasonable supervision or control, they can be liable in a civil action for any willful, malicious, or unlawful injury or destruction.
College Student Defense
On college campuses, situations involving criminal mischief charges can be handled in a few different ways depending on which authorities respond first. School security departments employ a combination of non-officer peacekeeping staff, campus police, and sometimes local law enforcement.
If local police are the first to respond, they can inform the institution of their decision to investigate and leave the matter to the courts. Otherwise, they may allow the school to manage the allegations first and still reserve the right to charge the individual or leave the decision to aggrieved parties or property owners. Even if the school learns of the allegations first and gives discretion to law enforcement, even if Essex County does not find probable cause for an arrest, the school can still handle the matter internally. Therefore, college students risk double punishment.
Prosecuting Criminal Mischief Charges in Essex County
Essex County may handle criminal mischief charges in one of two ways, depending on the severity of the offense. Disorderly persons offenses are normally heard in the municipal courts, whereas criminal courts handle indictable offenses.
At the arraignment hearing, defendants are formally read the charges and be asked to submit a plea—guilty, not guilty, or no contest. Afterward, a date for the trial is set, which can be rescheduled for a future date if an adjournment or continuance is requested.
If Essex County builds a strong enough case to substantiate criminal mischief charges, the judge may levy any punishment within the legal maximum of the degree of the offense. While time behind bars and fines paid to the state are applied, courts can also impose community service hours, suspend a driver's license, and order probation with stipulations such as support classes to lower the risk of repeated offenses.
Unfortunately, convictions can derail many of life's opportunities, no matter what age. From high school and college students to working professionals, criminal mischief convictions can affect:
- Finding employment or becoming licensed
- Occupational advancement
- The ability to lease a home or apartment
- Likelihood of future legal issues
Despite the extent of punishment, defendants can mitigate its effects if they act early. To replace jail time with more rehabilitative options, New Jersey offers a Pretrial Diversion Program. Upon completion of the program, charges will be dismissed, and importantly, the records of criminal charges can be expunged.
The Essex County judge will determine if a defendant is eligible for diversion programs through a myriad of factors, such as prior arrests and convictions, community involvement, and risk of re-offense. If ineligible for a diversionary program, individuals will have to wait at least five years to apply for expungement.
How the Lento Law Firm Criminal Defense Team Can Help
When you're charged with criminal mischief, you need to take the situation with the seriousness it deserves. While charges may seem minor, Essex County prosecutors will work tirelessly to build the strongest case against you, and the criminal justice system works swiftly. Therefore, the moment individuals are aware of the charges, they need the help and support of the Lento Law Firm.
The Lento Law Firm Criminal Defense Team brings years of successful client representation to clients charged with criminal offenses in Essex County and throughout New Jersey. As your committed support, we will ensure you have a robust defense strategy before entering the courtroom. We will seek to negotiate with the Essex County prosecutors or judge for a reduction or dismissal of charges, ensure you remain eligible for diversionary programs, and appeal the court's verdict, if necessary. Trust the dedicated attorneys with the Lento Law Firm Criminal Defense Team to improve the probability of remaining conviction-free, and call us at 888-535-3686 or fill out our confidential consultation form now.