Although “mischief” is often used to depict mischievous actions like pranks and other “fun” activities, it can have serious implications. Whether you reside in Vineland, Millville, Bridgerton, Upper Deerfield, Maurice River Township, or other Cumberland County, NJ municipalities, a criminal mischief allegation can have major consequences.
This is because criminal mischief allegations are often leveled against individuals whose actions have caused significant property damage. It doesn't matter if you were ignorant of the possible outcome of your actions or did it because it seemed harmless at the time. If your actions led to the destruction or defacing of private or public property, you could go to jail and/or pay huge fines.
If you have been charged with criminal mischief in Cumberland County, you need legal help. The Criminal Defense Team at the Lento Law firm can provide aggressive legal defense against criminal mischief charges in New Jersey and help you secure a fair outcome.
Call 888-535-3686 or fill out this form to talk to a lawyer.
What Counts as Criminal Mischief in Cumberland County, NJ?
Some of the individuals accused of criminal mischief never thought of it as a crime. If anything, it was just some “good ol' fun” activity meant to elicit a few laughs or express their creativity. This is why a clear definition of criminal mischief is important.
New Jersey's Criminal Code defines it as follows:
- Intentional tampering, defacing, or destruction of public or private property
- Property damage or destruction aimed at causing physical or financial harm to the owner.
The problem with this definition is that it leaves the courts open to interpretation of the law. Therefore, an unintentional act can be easily framed as premeditated or intentional.
For example, if someone sprays graffiti on a property, the prosecution can easily make the case that the defendant was fully aware of the severity of their actions when they spray-painted the property. Yet, for the defendant, it may have just been an expression of their art.
Examples of actions that can lead to criminal mischief charges in Cumberland County, NJ, include:
- Breaking the windows of a property during a sporting event
- Property defacement arising from moving property out of a premises after being served an eviction notice.
- Parking in front of or blocking easy access to a fire hydrant.
- Throwing cigarette stubs into a sewer opening can easily lead to explosions due to methane buildup in the sewer.
- Spraying graffiti on public or private property.
- Egging or throwing stones at moving vehicles.
- Slashing parked vehicle tires.
- Spray painting artworks during an exhibition
- Vandalizing vehicles by keying, smashing windows, or spraying paint on them.
- Campus or public property occupation or defacement during protests.
- Destruction of public or residential property during a domestic incident.
- Removing building materials from an abandoned property without permission from the owner, supervisor, or property manager.
- Kicking and denting a vehicle's rear bumper.
These and more can be easily interpreted as criminal mischief in New Jersey. This is why you need the help of an experienced criminal mischief defense lawyer in Cumberland County to defend and protect your rights.
Establishing Liability in a Criminal Mischief Case
Proving intent is the basis of all criminal mischief cases in Cumberland County. This means the prosecution will aim to demonstrate that your actions were intentional, even if they were not.
Unfortunately, due to the broad definition of New Jersey's laws, if the prosecution can make a strong enough case or establish that, to some degree, you understood the possible consequences of your actions, you could be found guilty.
This means that what you thought was harmless fun or a prank could potentially cost you dearly. This is why you cannot afford to take any criminal mischief allegation lightly.
Granted, it seems laughable to think that you could be jailed for merely spraying paint, for example, but the reality is that it can happen. This is why you should seek adequate legal representation if you've been charged with criminal mischief.
Don't assume that the charge is spurious or is not a big deal. If it's serious enough to attract a charge, it can lead to your imprisonment.
Criminal Mischief Defense for Students in Cumberland County Colleges
Many criminal mischief actions occur on college campuses like the Rowan College of South Jersey Cumberland Campus, which has strong ties to Rowan University, Cumberland County College, and Cumberland County Technical Education Center.
These actions are instigated by students of these institutions as part of fun or even “initiation rites” for those seeking to get into sororities. For instance, Rowan University has had its share of parking garage vandalism, Christmas lights vandalism, which was committed by two Rowan University students, graffiti, theft, and many more incidents.
When students in Cumberland County tertiary institutions engage in such acts, not only are they at risk of disciplinary action, but they can also face criminal mischief charges if they're caught by the authorities.
Once charged, the student can face serious penalties that can lead to a lifelong criminal record. Even if it was meant to be “harmless fun”, it is important for accused students not to get blindsided.
This is important because the authorities and the prosecution can be inclined to “throw the book” at the defendant to make them a scapegoat and serve as a deterrent to other students who might want to engage in such acts in the future.
Don't delay or assume you can explain your side of things. Seek legal representation from an experienced Cumberland County college student criminal defense lawyer to protect your rights and secure adequate defense. Our Criminal Defense Team at the Lento Law Firm can help.
Call 888-535-3686 or fill out our online contact form to discuss your case today.
Penalties and Consequences of a Guilty Criminal Mischief Verdict
Penalties for criminal mischief offenses are often dependent on the grading of the offense. New Jersey's judicial system considers several factors before imposing penalties and fines.
A key consideration is often the accused's lack of intent before committing the act. This particularly applies to minors. The courts consider that the defendant may not have been aware of the severity of their actions, particularly if they were goaded or coerced into taking such actions.
This can significantly help your case if you have good legal help. That said, all criminal mischief cases are categorized as follows:
- Graffiti or vandalism offense: Includes petty offenses such as spraying paint on public or private properties without approval or permission from the supervising or managing entity or damaging said properties.
- Disorderly person's offense: This covers a list of unruly actions leading to property damage valued at $500 or less.
- Fourth-degree criminal mischief: Covers property damage costing between $500 and $2,000
- Third-degree criminal mischief: Covers property damage exceeding $2,000 in value and possibly leading to physical harm and injury to other victims.
- Second-degree criminal mischief: Covers intentional vandalism and property damage. It may also extend to severe injuries sustained by at least one victim, as well as possible fatalities due to the accused's actions.
The severity or grading of the defendant's offense often influences the penalties they receive. Penalties range from restitution to fines of up to $150,000 and/or 10 years ' incarceration. It all depends on the grading of your offense.
Parental Liability in Criminal Mischief Cases Involving Minors
Parents can be liable in a civil action for criminal mischief cases involving minors or juveniles if they fail to exercise lawful control or reasonable supervision over their children or wards.
Also referred to as vicarious liability, it means that the parent and/or the minor can face the penalties. This is even more so when the minor's actions resulted in devastating property damage and/or injury to victims.
Such minors are usually tried under New Jersey's juvenile justice system. And depending on their actions, they may be tried as adults.
So, if your underage child or ward has been charged with criminal mischief, it's important to explore their legal options with a juvenile criminal defense attorney, as well as your possible liability.
Can Criminal Mischief Lead to Restraining Orders?
This largely depends on the circumstances of the case. Specifically, there must be evidence of a predicate act of violence linked to property damage that may be classified as criminal mischief.
If the plaintiff can prove to the court that your vandalism directly/indirectly caused them harm in a domestic incident, the court can grant them a restraining order.
For example, if due to a domestic dispute, the staircase caved in, and your partner falls through it and is injured, they can file a petition for a restraining order if they feel unsafe or threatened by you. This is a tricky aspect of the law and requires experienced legal defense to vacate the plaintiff's petition.
Contact a Cumberland County Criminal Mischief Defense Lawyer
Because criminal mischief cases can be delicate, it requires unique experience and skill.
The Lento Law Firm's Criminal Defense Team has the necessary skills to fight for you and explore legal options that will provide a satisfactory outcome for you.
Call 888-535-3686 or fill out this online form to consult a lawyer.
