In Newton, Vernon Township, Sparta Township, Hopatcong, Wantage, and other municipalities and boroughs in Sussex County, pranks, dares, or other activities that result in damage to property belonging to others can be easily interpreted and charged by law enforcement as criminal mischief under New Jersey law.
It doesn't matter if you think spray painting an ex-lover's car or tagging and vandalizing an abandoned property is seemingly harmless. As long as the damaged property is not yours, you could be charged if arrested.
So, if you've been charged with criminal mischief, you'll need experienced legal help to fight the allegations. The Criminal Defense Team at the Lento Law Firm has represented persons accused of criminal mischief in Sussex County and the state of New Jersey. Let's help you fight these criminal mischief charges.
Call 888-535-3686 or complete this form to speak with a lawyer today.
Actions Leading to Criminal Mischief Charges in Sussex County, NJ
One of the shocking things about criminal mischief allegations is how, for just having “a little bit of fun”, you could potentially face a prison sentence. This is why it's important to understand New Jersey's definition of criminal mischief.
According to New Jersey's laws on criminal mischief, anyone who does one or both of the following is guilty:
- Intentionally, negligently, or recklessly damages or destroys another person's property through their actions
- Intentionally tampers with, vandalizes, or destroys another's property with the aim of inflicting harm or injury.
Some actions that may be charged as criminal mischief include:
- Smashing the windows of an abandoned property.
- A car crashing into a fire hydrant and the water gushing out due to the driver forgetting to put the car in park.
- Spray-painting public or private property with graffiti.
- Transporting contaminants into a sterile laboratory.
- Throwing stones, eggs, grapes, or other stuff at passing vehicles.
- Slashing car tires.
- Keying or defacing other people's vehicles.
- Hacking into other people's electronic devices.
- Participating in protests that disrupt academic activities.
- Marking or defacing public or government monuments.
These are just a few examples. The problem with criminal mischief is that the definitions are broad and subject to the court's interpretation of the circumstances of the case. Therefore, the prosecution can find ways to frame your case so that it appears your actions were intentional and meant to cause harm.
This is why you need competent and skilled criminal mischief defense in Sussex County, NJ, even if you feel that you had no ill will when you carried out those acts.
Consequences of Criminal Mischief in Sussex County, NJ
If found guilty of criminal mischief, the accused may face certain penalties. However, the severity of the penalties largely depends on the extent of property damage and the financial and/or physical impact of their actions on people.
For instance, the penalty for spray-painting an old, abandoned building will likely not be as severe as throwing eggs at the windshield of a passing vehicle, leading to a car crash and injuries to the occupants of the vehicle.
The good news is that the New Jersey judicial system recognizes that offenders may not be aware they are committing a crime when participating in activities categorized as criminal mischief. This is why there's a grading system in place guiding the court during sentencing.
In general, criminal mischief offenses in Sussex County, NJ are categorized as follows:
- Graffiti or property defacement crimes
- Disorderly person's offense
- Fourth-degree criminal mischief
- Third-degree criminal mischief
- Second-degree criminal mischief
If found guilty, the defendant can face monetary fines of up to $150,000. They may also be incarcerated for up to 10 years. Also, these verdicts will be on their criminal record, which means they can affect them in the future. Again, this depends on the severity of the crime. But, with the help of our experienced Criminal Defense Team at the Lento Law Firm, we can fight to knock down or vacate criminal mischief charges filed against you in Sussex County.
Possible Defense Strategies for Criminal Mischief Cases in Sussex County, NJ
As skilled defense lawyers, we understand the importance of transparency regarding our defense strategies. Many defendants find that they are more at ease knowing what their attorney is doing for them.
This is why we've laid out some of our defense strategies for individuals facing the law for actions deemed criminal mischief. At the Lento Law Firm, our Criminal Defense Team typically tries to make a case for one or more of the following scenarios:
- Lacking intent: Prove to the court that you were likely just having fun or playing a prank and had no malicious intent to damage the property and/or cause harm.
- Lacking evidence: Properly scrutinize the prosecution's evidence and demonstrate the unreliable or insufficient nature of the evidence.
- Contesting the value of the property damage: Fight the prosecution's property damage value, and potentially get them to lower it.
- Mistaken identity: For instance, if you just happened to be passing by right after an incident and were arrested by the police, your basis of your defense could be mistaken identity or “wrong place, wrong time”.
- Established alibi: If you can find someone to vouch for your location when the crime was committed, an established alibi can convince the court to vacate the case.
- Damaged property ownership: If the property is yours, simply providing evidence that it belongs to you is enough to have the court dismiss the case.
- Challenging the police's arrest and booking procedures: If your rights were violated during the arrest, we can use that to knock down or dismiss the charges
- State of the property and ownership: For instance, if your actions were carried out in an abandoned property, this can help your defense.
Ultimately, every case is peculiar, and we'll work with the circumstances of each individual's case to get the most satisfactory outcome.
College Student Criminal Mischief Defense in Sussex County
Students in Sussex County Community College and Centenary University (Florham Campus) can be charged if they participate in activities that are synonymous with criminal mischief.
For instance, three Centenary University students were charged after spray-painting their fraternity's name on the back of a basketball court's blackboard.
For college students, criminal mischief allegations not only mean possible disciplinary action, but also a criminal case. This is dangerous because, if convicted, it can potentially affect them for the rest of their lives.
Don't let a small mistake or some youthful exuberance cost you or your child their future. Let our experienced Criminal Defense Team at the Lento Law Firm help you navigate this difficult situation. Whether you're a student or a parent whose child stands accused, getting the right legal representation can make a significant difference in the outcome of the case.
It can be the difference between a lifetime of limited or missed opportunities due to a criminal record or one without a criminal record.
Can Minors Be Charged With Criminal Mischief?
Yes, minors under the age of 18 can be charged with criminal mischief under New Jersey's juvenile justice system. However, the punishment for their offense will largely depend on the extent of their actions.
The good news is that the court understands that for most minors, acts classified as criminal mischief are usually unintentional. Therefore, the court typically considers this when handing down penalties. In many instances, minors typically may only have to do community service or probation.
But ultimately, you don't want to leave anything to chance. Talk to our experienced juvenile criminal defense attorney in Sussex County about your child's options regarding the criminal mischief allegations.
Are Parents Liable for Their Underage Children's Criminal Mischief Actions?
This largely depends on the factors leading up to the incident. But the key element for parental liability in criminal mischief cases involving minors is a lack of reasonable parental oversight or supervision.
So, if, according to New Jersey laws, a child committed these actions because the parent didn't put protective measures in place or provide the child with adequate information, a parent can be liable for the outcome of their child's actions, including a criminal mischief charge.
Contact a Sussex County Criminal Mischief Defense Lawyer
As with all criminal allegations, a criminal mischief charge is often alarming and stressful for everyone involved. From minors to young adults to parents of children accused of criminal mischief, the threat of potentially going to jail or paying sizable monetary fines can be the cause of severe anxiety.
But with the Lento Law Firm's Criminal Defense Team in your corner, we can fight these allegations, defend you, and ensure your rights are protected. We will explore all viable options to help dismiss the allegations, reduce the charges, or even reach settlement agreements like a pretrial intervention with the prosecution.
Call 888-535-3686 or fill out this form to speak to an attorney.
