The crime of Criminal Mischief in New Jersey can be considered almost a “multi-purpose” crime. It can cover a wide range of different kinds of misconduct, with penalties that can vary widely depending on the allegations made against the defendant. If you're charged with Criminal Mischief, you could be facing little or no jail time or up to 10 years in prison, which is obviously a large range.
Whatever the level of the Criminal Mischief charge you're facing, it's important to take it seriously. The Lento Law Firm's Criminal Defense Team has a comprehensive understanding of New Jersey's Criminal Mischief law. We know the courts, the prosecutors, and the procedures that apply in these kinds of cases and will protect your rights and vigorously defend you against the allegations you're facing. Call us today at 888.535.3686 or reach out using our contact form to schedule a confidential consultation to discuss your case and learn how we can help.
The Criminal Mischief Statute
The focus of New Jersey's Criminal Mischief statute is damage to someone else's property. Almost any kind of damage that is done “purposely or knowingly” to property that's not yours can result in you being charged with Criminal Mischief. You can also be charged if you “recklessly or negligently” use fire, explosives, or certain other “dangerous means” to damage property. Even tampering with someone else's property can result in a Criminal Mischief charge, as can damaging your rental property “in retaliation” because your landlord filed eviction proceedings against you.
Levels of Criminal Mischief in New Jersey
There are three serious levels of Criminal Mischief in New Jersey and one less-serious level.
Disorderly Persons Criminal Mischief
In cases where the damage to property was less than $500, nobody was injured or killed, and there were no other circumstances justifying a more serious charge, malicious mischief can be charged as a “Disorderly Persons Offense,” with a possible sentence of up to 6 months in jail. Similar to a misdemeanor in other states, a disorderly persons offense can still have consequences for your future, especially if you're required to disclose lower-level convictions for any job or professional license.
If your actions result in more damage, or someone is injured or killed, the Criminal Mischief charges you face can be more serious.
Fourth-Degree Criminal Mischief
If the damage is $500 or more but less than $2000; or if you tampered with gas, oil, water, electric, phone, or cable lines; or if you remove an air traffic safety sign at an airport, you can be charged with Fourth-degree Criminal Mischief, and face up to 18 months in jail.
Third-Degree Criminal Mischief
You can be charged with third-degree Criminal Mischief if the damage is $2000 or more; if you damage property belonging to a research facility; if you tamper with a grave; if you cause a “substantial interruption” to public communications, transportation, or utilities; or if someone is hurt because you removed an air traffic sign at an airport. A conviction of Third-Degree Criminal Mischief can lead to a 3 to 5-year prison sentence.
Second-Degree Criminal Mischief
Finally, if your conduct “recklessly” causes the death of someone, you can face Second-Degree Criminal Mischief charges. In that case, if convicted, you could receive a 5 to 10-year prison sentence.
Restitution for Criminal Mischief
The Criminal Mischief statute also has restitution requirements. In cases where the Criminal Mischief involves graffiti, the defendant can be required to pay the owner for the cost of removing the graffiti. Where the Criminal Mischief involves damaging rental property in retaliation for an eviction proceeding, the former tenant can be required to pay for the cost of the repairs.
How Law Enforcement Uses the Criminal Mischief Statue
Because New Jersey's Criminal Mischief statute is so broad, covering a wide range of situations where a defendant damages or tampers with someone else's property, police tend to use it a lot when filing charges. A burglary suspect, for example, might also be charged with Criminal Mischief for the damage that they did breaking into someone's home. A defendant facing charges for arson might also be charged with Criminal Mischief for the property damage that they caused.
With Criminal Mischief being a relatively easy crime to prove, it's often included when these more serious charges are brought so that authorities have some assurances that the defendant will be convicted of something – even if that conviction is not for the highest-level charge.
College Students and Criminal Mischief
The Lento Law Firm's Criminal Defense Team is frequently called on to help college students who have been accused of criminal mischief. That's in part because it's not unusual for college students to play pranks or engage in the kinds of behavior that can result in damage to school or private property. What's important to understand is that when a college student is accused of any crime – including Criminal Mischief – they will often face school disciplinary proceedings, especially if the alleged crime occurred on campus (though schools will also discipline for off-campus behavior as well).
If you're a college student accused of Criminal Mischief, it's enormously helpful to be working with one of the experienced attorneys from the Lento Law Firm's Criminal Defense Team. We regularly defend college students facing criminal allegations, and we understand that actions we take in one case can have an effect on the other. We will carefully consider the defense steps we take on your behalf and do everything we can to protect your rights in both your criminal case and any related school disciplinary matter.
The Lento Law Firm's Criminal Defense Team is Here to Help
If you are facing Criminal Mischief charges in New Jersey, you need someone on your side who understands the law, the courts, and what it takes to effectively defend against the allegations you're facing. The Lento Law Firm's Criminal Defense Team has years of experience protecting client rights and defending against all types of criminal charges, including Criminal Mischief, all across New Jersey. And if you're a college student accused of Criminal Mischief, we will also help protect you against efforts by your school to discipline you for the same alleged conduct.
Don't make the mistake of trying to defend yourself against charges that can leave you with the burden of a criminal record for the rest of your life. If you've been charged with Criminal Mischief in New Jersey, contact the Lento Law Firm's Criminal Defense Team at 888.535.3686, or use our contact form to schedule a confidential consultation with one of our experienced attorneys. Let us help you protect your future!
