Criminal mischief charges may seem like minor issues to many. Whether it's teenagers spray-painting graffiti, college students playing pranks on campus, or homeowners obstructing utility lines, charges can feel more like mistakes and misunderstandings. However, the New Jersey criminal justice system does not take criminal mischief lightly.
Guilty verdicts in Hudson County, from marginal property damage to tampering with government property, can lead to enormous fines, restitution, and incarceration. Regardless of the defendant's age or success, convictions will place a significant burden on career advancement, college choice, and raising a family. Despite the threats to your future in the face of criminal mischief charges, you have access to a robust defense.
The Lento Law Firm Criminal Defense Team will ensure your rights are upheld in Hudson County, from pretrial motions to the judge's final decision, including appeals if necessary. Our team understands how New Jersey applies its criminal code to the multitude of situations for which prosecutors seek convictions. We are your trusted ally in criminal matters and will work tirelessly to protect your reputation and freedom. 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?
Criminal mischief in New Jersey is a broad offense encompassing willful acts of damaging, destroying, or tampering with property belonging to another person or entity. It applies to a wide range of conduct, including the following:
- Spray-painting graffiti
- Vandalism
- Obstructing an aircraft landing area
- Tampering with a fire hydrant
- Siphoning electricity
- Stealing Wi-Fi or Internet connectivity
One of the main tenets of substantiating criminal mischief charges is establishing intent. New Jersey's criminal code explains that the damage or destruction of tangible property is "purposely or knowingly" committed "whether recklessly or negligently," or through other dangerous means. Furthermore, charges apply to the endangerment of others or damaging rental premises by tenants in retaliation for eviction proceedings.
Although the Hudson County judge will likely have a strict interpretation of the law, New Jersey courts are also aware of case-dependent situations. For instance, teenagers accused of vandalizing a vacant building with spray paint are treated far differently than a premeditated attack on a water treatment plant, causing hundreds of thousands of dollars of damage and bodily injury.
How Does New Jersey Grade Criminal Mischief?
Unlike other states, New Jersey does not refer to crimes as "misdemeanors" or felonies." Instead, they are classified as disorderly persons offenses or indictable offenses, the latter of which is divided into three degrees of severity among criminal mischief charges.
Hudson County pursues disorderly persons offenses if the accused causes a pecuniary loss (loss in value) of $500 or less in the commission of the crime. Although the maximum fine is just $1,000, the judge can levy up to six months in jail. Additionally, if the charge involves graffiti, those convicted must serve 20 days of mandatory community service on top of any supplementary punishment.
Criminal mischief is charged as a fourth-degree offense, punishable by 18 months imprisonment and a $10,000 fine, under the following circumstances:
- Damaging or obstructing telecommunications, water, gas, oil, or electrical lines or related appurtenances.
- Pecuniary losses of more than $500 but less than $2,000.
- Tampering with—but not damaging—aviation facilities, such as airports, heliports, and landing areas.
Third-degree criminal mischief charges carry an element of intentionality associated with the acts. Knowingly causing damages over $2,000 is just one of the acts that could lead the accused to prison for between three and five years, including a $15,000 fine. The following are also eligible to be charged with third-degree criminal mischief in New Jersey:
- Substantial interruptions or impairments of public services or utilities.
- 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.
- Removing or damaging signs, signals, or air traffic controls that lead to bodily injury or property damage.
- Recklessly tampering with aviation facilities, causing bodily harm or property damage.
The highest-degree charge Hudson County can bring in a criminal mischief case is a second-degree offense, which includes maximum punishments of five to ten years in prison and a $150,000 fine. Some may think interrupting facilities or airports or damaging someone else's property doesn't deserve such a steep penalty; however, there is one major differentiation between the other charges. Second-degree criminal mischief is defined as reckless death in the commission of property damage or major disturbances to government research and air transit facilities, as well as public utilities and services.
Prosecutors and courts will look at the extent of harm caused when determining the appropriate grade of a criminal mischief charge, including aggravating factors, such as endangerment to public safety or sensitivity of property. Critically, they will not downgrade charges because of the defendant's age.
Juvenile Criminal Mischief
When Hudson County pursues criminal mischief charges against minors, it uses the same laws with the same potential punishments. However, minors are processed through the state's juvenile justice system. In some cases, juveniles may be tried as adults based on the severity of the offense.
New Jersey's juvenile system aims to provide alternative means of punishment as a deterrent, such as probation with restrictions or diversion programs involving community service. Yet, in the case of minors, there is a chance their parents can be affected by criminal mischief charges. If Hudson County shows that the juvenile's parent or legal guardian failed to exercise reasonable supervision or control over them during the commission of the crime, they can be liable for civil action for willful, malicious, or unlawful injury or destruction.
College Student Defense
On college campuses, criminal mischief charges can be handled in a few different ways. School security departments have a mix of non-officer peacekeeping staff and sworn-in campus police, and sometimes, they work in conjunction with local law enforcement, especially in bigger cities. Therefore, the steps following allegations will depend on which responds first.
If local police are the first to respond, they can decide to notify the school of the allegations and leave the matter for the courts to manage. However, the trouble doesn't go away if Hudson County does not have enough evidence to prosecute. The school can still discipline the student for a code of conduct violation. Therefore, college students risk double punishment.
Prosecuting Criminal Mischief Charges in Hudson County
Criminal mischief charges are handled in one of two ways in Hudson County, as disorderly persons offenses are heard in municipal court and indictable offenses are managed by the criminal court. At the arraignment, defendants stand before the judge for a formal reading of the charges and will be asked to enter a plea of guilty, not guilty, or nolo contendere, meaning the defendant does not contest the charges but does not admit guilt. With a disorderly person offense, a bench trial can begin immediately, but for higher-degree charges, the judge will schedule a date for the trial.
During the trial, there will be motions on behalf of the defense to strike evidence, file for continuance, and any method to dismiss or reduce the charges. However, if Hudson County builds a strong enough case to substantiate criminal mischief charges, the judge can levy any punishment within the legal maximum.
Criminal mischief convictions can upset the balance of anyone's life and reverberate through their friends and family connections. Whether high school or college students or adult working professionals, convictions can lead to:
- Barriers to finding employment
- Ineligibility for professional licenses
- Obstacles to occupational advancement
- Inability to lease a home or apartment
- Increased likelihood of future legal issues
Despite the extent of punishment, defendants can mitigate its effects if they act early. For example, New Jersey offers a Pretrial Diversion Program, and upon completion, the charges will be dismissed, and critically, records are expunged. The Hudson County judge will determine eligibility for diversion programs through factors such as the individual's criminal record and community involvement. If ineligible for a diversionary program, individuals will have to wait at least five years for expungement, which isn't guaranteed, and defendants must apply.
How the Lento Law Firm Criminal Defense Team Can Help
When facing criminal mischief charges in Hudson County, the consequences can quickly become life-altering for anyone involved, regardless of age or community standing. While charges may seem minor, prosecutors will work tirelessly to build the strongest case against you, and the criminal justice system works swiftly. With your future at risk, it's essential to have a team of professionals assist with your defense.
The Lento Law Firm Criminal Defense Team brings years of successful client representation with clients charged with criminal mischief in Hudson County and throughout New Jersey. We will ensure you have a robust defense strategy before entering the courtroom and pursue negotiations to reduce or dismiss charges. Our team understands what the criminal justice system looks for to secure spots in diversionary programs and others to mitigate the consequences of convictions. Get in touch with the Lento Law Firm Criminal Defense Team now by calling us at 888-535-3686 or filling out our confidential consultation form.