Criminal Mischief Defense in Ocean County, NJ

The crime of Criminal Mischief in New Jersey can cover a number of very different types of misconduct with differing sets of consequences. If you've been charged with Criminal Mischief in Ocean County, New Jersey, you may have a number of questions about why you've been charged and what it can mean for your future.

The Lento Law Firm's Criminal Defense Team can help. We defend citizens all across New Jersey, including in Ocean County, who are facing a wide range of criminal charges, including Criminal Mischief. We will help you understand what's happening with your case and will fight to protect your rights and defend you from the charges you face. Call us at 888.535.3686 or click to connect to our contact form to schedule a confidential consultation today.

The Criminal Mischief Statute

New Jersey's Criminal Mischief statute makes it a crime to “purposely or knowingly” damage “tangible property” that belongs to someone else. You can also be charged with Criminal Mischief if you “recklessly or negligently” damage someone's property using “fire, explosives” or certain other “dangerous means.” You can also be charged with Criminal Mischief for tampering with someone else's property, or if you're a residential tenant, for “damaging or destroying” your rental house or apartment “in retaliation” for your landlord filing eviction proceedings against you.

Criminal Mischief can be one of three levels of crime in New Jersey: second-degree, third-degree, or fourth-degree, with second-degree being the highest of the three levels. It can also be a “disorderly persons offense” if damages are less than $500.

  • Second-degree Criminal Mischief charges can arise when the underlying conduct “recklessly” causes the death of someone. Conviction of second-degree Criminal Mischief can result in a prison sentence of 5 to 10 years.
  • Third-degree Criminal Mischief charges can arise in a number of different situations:
    • “Purposely or knowingly” causes a loss of $2000 or more
    • Causing any of a number of different types of damage to “research property” belonging to a “research facility”
    • Tampering with a grave “with the purpose” of desecrating or destroying it, or to take any human remains from it
    • Causing a “substantial interruption or impairment” in public communications, transportation, water supply, or oil, gas, or power delivery
    • If someone is injured because the defendant removed or damaged a device regulating safety at an aviation facility

A defendant convicted of third-degree Criminal Mischief can face 3 to 5 years in prison.

  • Fourth-degree Criminal Mischief is the lowest level of crime, and can result from any of the following:
    • Causing damages of more than $500 but less than $2000
    • Removing or damaging a sign or device that regulates the safety of air traffic at any aviation facility
    • Purposely or knowingly tampering with, digging up, or breaking any gas, oil, or water pipes or electric, phone, or cable wires

If convicted of fourth-degree Criminal Mischief, the consequence can be a jail sentence of up to 18 months.

Finally, Criminal Mischief can be charged as a “disorderly persons offense,” which, while not as serious as the other levels, can still result in a jail term of up to 6 months. This can happen in cases where the damage is considered to be less than $500, nobody was injured or killed as a result of the conduct, and there were no other circumstances (such as tampering with an aviation facility sign or with a power line) that would increase the level of the charges.

There are also restitution provisions in New Jersey's Criminal Mischief statute. A defendant convicted of Criminal Mischief involving “an act of graffiti” can be required to compensate the owner of the property for the cost of removing the graffiti. A tenant convicted of Criminal Mischief for damaging rental premises in retaliation for the landlord commencing eviction proceedings can be required to pay the landlord for that damage.

How Police Use the Criminal Mischief Statute

Because Criminal Mischief can be charged in almost any situation where a defendant is accused of damaging someone else's property, it's very common for a defendant to face Criminal Mischief charges in New Jersey. For example, a defendant charged with burglary may also be charged with Criminal Mischief for the damage done to the premises while breaking in. Someone charged with arson may also face Criminal Mischief charges for property damage.

In many cases, it might seem as though the Criminal Mischief charges have been “tacked on” to far more serious charges, and that may often be the case. At the early stages of many criminal cases, police and prosecutors will typically charge the defendant with as many crimes as they think the alleged conduct covers. Some of these charges may be dropped as the case moves forward, depending on what evidence the prosecutors are able to use at trial. Because the Criminal Mischief statute requires only proof that the defendant damaged property on purpose or recklessly, it's a relatively easy crime to prove. That's why you so frequently read about someone being charged with Criminal Mischief.

Consequences if You're a College Student Accused of Criminal Mischief

It's not unusual for college students to face Criminal Mischief charges. These can result from pranks gone awry – such as the student accused of starting a fire in a dorm by lighting a dryer sheet and dropping it into a trash can containing fireworks – or from protests that can include graffiti and damage to school property. In other cases, students “blowing off steam” or acting while intoxicated may make the mistake of vandalizing property for no particular reason.

When a college student is accused of a crime, particularly one that is connected with their school, they can face problems at both the criminal level and the school level. Schools won't hesitate to file disciplinary charges against students accused of both on-campus and off-campus criminal behavior. And because school disciplinary policies and procedures generally provide much less protection for the student's rights than what criminal courts provide, a student can be disciplined by their school even if the criminal charges against the student are dropped or the student is acquitted at trial.

If you are a college student accused of a crime in Ocean County or anywhere else, you need the help of an attorney who understands that steps taken to resolve a student's criminal case can often affect that student's school disciplinary proceeding. For example, admitting to lesser conduct as part of a plea bargain in criminal cases is a very common way of resolving criminal matters. But if you're a college student, it's important to consider whether your school could use your plea bargain against you in a disciplinary proceeding.

The Lento Law Firm's Criminal Defense Team has experience defending college student clients accused of crimes in New Jersey. We also regularly defend college students whose schools file disciplinary proceedings against them. If you're a college student facing criminal charges in Ocean County or anywhere else in the state, contact us to learn more about how we can defend your rights in both your criminal case and in any disciplinary proceeding your school may bring against you.

What Courts Handle Criminal Mischief Cases in Ocean County

Depending on the level of charges you face, you could end up appearing in either Municipal Court or Superior Court for your case and, in some cases, both.

If you're charged with disorderly persons Criminal Mischief and you face no other charge – or no other charge more serious than the disorderly persons offense level – you will likely appear in one of Ocean County's more than 30 Municipal Courts, depending on where in the county you were charged.

If, however, you are facing more serious charges, such as second through fourth-degree Criminal Mischief charges, or if any one of the charges against you is at that level, you'll likely appear in both Municipal Court for the early stages of your case, and then Superior Court in Toms River for later stages, including trial.

How the Lento Law Firm Criminal Defense Team Can Help

If you've been accused of Criminal Mischief in Ocean County, New Jersey, you need to take it seriously. Even at its lowest level – as a disorderly persons offense – you could be facing some jail time, and in other cases, can be looking at years in prison. And if you're a college student, you're very likely to also face discipline from your school, which could put not only your education but also your future career plans in jeopardy.

That's why you need an attorney on your side who understands New Jersey's criminal laws and procedures and knows how its criminal court system operates. At the Lento Law Firm, our Criminal Defense Team has the experience and knowledge that you need. We regularly defend the rights of those accused of all levels of crime in New Jersey, and we know how to fight to protect those rights through all stages of the criminal process. Our attorneys also protect students who face the doubly difficult situation of fighting both criminal prosecution and school disciplinary proceedings.

Don't try to defend yourself in this kind of situation! Call the Lento Law Firm's Criminal Defense Team today at 888.535.3686 or use our contact form to schedule a consultation with one of our experienced attorneys to learn more about how we can help.

​​​Contact The Lento Law Firm Today

When it comes to criminal defense cases, you need the right person in your corner. To learn more about how Mr. Lento can help you, call the Lento Law Firm today at 888-535-3686. or contact him online.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu