Criminal mischief offenses in Atlantic County, New Jersey, cover vandalism and the damage or destruction of property. A conviction on charges of criminal mischief will give you a permanent criminal record and may include additional penalties, including fines, community service, or even jail time. These penalties generally scale with the extent of the damage done and the value of the property in question, as well as whether or not any injuries occurred during the incident, but ultimately, it's up to the court to decide.
If you're facing criminal mischief charges in Atlantic County or anywhere else in the state of New Jersey, you need to take your defense seriously. Even relatively minor cases of criminal mischief can end up in serious penalties at the whim of the court. Many criminal mischief defendants are also younger—college students or even juveniles. For them, criminal mischief convictions can permanently alter the trajectory of their lives.
No matter your age or the circumstances surrounding the accusations against you, the Lento Law Firm Criminal Defense Team is ready to help defend you against criminal mischief charges. Call us today at 888.535.3686 or contact us online to start defending your rights and protecting your future.
Criminal Mischief in Atlantic County, New Jersey
New Jersey defines criminal mischief in criminal code section 2C:17-3 of the state laws. It includes the following definitions:
- “Purposely or knowingly damages tangible property of another or damages tangible property of another recklessly or negligently in the employment of fire, explosives or other dangerous means.”
- “Purposely, knowingly or recklessly tampers with tangible property of another so as to endanger person or property, including the damaging or destroying of rental premises by a tenant in retaliation for the institution of eviction proceedings.”
Breaking windows, knocking down doors, and deliberately damaging rental property are all common examples of criminal mischief. The state includes damages coming from reckless or negligent behavior under its definition of criminal mischief, meaning that even if damages were accidental they could still be enough to warrant a criminal conviction.
The Severity of Criminal Mischief Offenses in Atlantic County
In Atlantic County, as in the rest of New Jersey, criminal mischief charges can range from fourth-degree to second-degree charges. Anything less than a fourth-degree offense will be categorized as a disorderly persons charge.
The court will consider factors like intent, severity, and monetary value of the damages, as well as whether or not any injuries occurred in order to determine the degree of a criminal mischief charge. Charges will also escalate in severity if the act was premeditated or if someone's livelihood or personal safety were threatened by the property damage.
A teenager sprays painting graffiti on an abandoned building and an adult who intentionally trashes a rental property in reaction to an eviction notice could both be charged with criminal mischief but to very different degrees.
Remember that even the lowest degree of criminal mischief charges still carry serious penalties, including a criminal record. That's why it's important to take any criminal mischief accusation seriously and to meet it with the best possible defense.
Second-Degree Criminal Mischief
The most severe criminal mischief charges in New Jersey are second-degree charges. These carry the harshest penalties, including significant jail time and heavy fines. Generally, a criminal mischief charge is only categorized as second-degree if it resulted in the loss of life. New Jersey determines second-degree criminal mischief charges using the following criteria:
- If there is a substantial interruption or impairment that recklessly causes death.
- If a sign, signal, light, or air traffic control equipment was removed or damaged, recklessly causing death.
- If an airport, landing field, landing strip, heliport, or other aviation facility was tampered with and recklessly caused death.
Second-degree criminal mischief charges in New Jersey can carry penalties of 5 to 10 years in state prison, fines of up to $150,000, and requiring restitution payments to the property owner or owners. All of this is in addition to the felony charge that will go on the defendant's criminal record.
Third-Degree Criminal Mischief
Third-degree criminal mischief charges are a step lower than second-degree, but they can still carry life-altering consequences. The criteria for third-degree criminal mischief charges are:
- Deliberately causing damages worth $2,000 or more.
- Damaging, eradicating, changing, or releasing any research property used by a research facility.
- Causing physical disruption to the function of a research facility.
- Tampering with a crypt, grave, mausoleum, or anywhere else where human remains are stored or interred in an attempt to destroy, desecrate, or steal human remains.
- Causing a substantial interruption or impairment of public communication, transportation, supply of water, oil, gas or power, or other public service.
- Damaging or removing a sign, signal, or air traffic control and causing bodily injury or damage to property.
- Interfering or tampering with an airport, landing field, heliport, or other aviation facility and recklessly causing bodily injury or damage to property.
In New Jersey, third-degree criminal mischief offenses can include 3 to 5 years in state prison, fines of up to $15,000, requiring restitution payments to property owners, and community service. They will also add a felony to the defendant's criminal record.
Fourth-Degree Criminal Mischief
The lowest degree of criminal mischief charges are still felonies. These fourth-degree charges are determined by the following criteria:
- Causing a pecuniary loss in excess of $500 but less than $2000.
- Tampering with any airport, landing field, landing strip, heliport, helistop, or any other aviation facility.
- Breaking or obstructing any pipe, line, cable, or appurtenance for gas, oil, water, electric lights, or telecommunications.
Along with a felony record, fourth-degree charges can result in fines of up to $10,000, restitution payments to the property owner, community service, and up to 18 months in New Jersey State Prison.
Disorderly Persons Offense
Charges that do not meet the requirements of fourth-degree criminal mischief—meaning $500 or less in property damage occurred—will likely be prosecuted as disorderly persons offenses instead. In Atlantic County, disorderly persons offenses are misdemeanor charges that can carry a fine of up to $1,000, restitution payments to the property owner, community service, and up to 6 months in the county jail.
Graffiti Offenses
Regardless of the level of criminal mischief being prosecuted, any offenses involving graffiti carry separate penalties in the state of New Jersey. These include a mandatory 20 days of community service—including time spent removing your graffiti from the property—on top of any other jail time, fines, or restitution payments.
Criminal Mischief Charges for College Students in Atlantic County, NJ
Atlantic County is home to several popular New Jersey colleges and universities, including Atlantic Cape Community College and Stockton University. College students are particularly vulnerable to criminal mischief charges, as schools will likely enforce their own disciplinary measures separately from whatever happens in the criminal court.
This means that students could face suspension or even expulsion—even if they are never convicted in a court of law. Students facing an investigation by a school will need an experienced education law attorney to make sure their rights are respected, no matter what happens in the court of law.
Juvenile Criminal Mischief
Atlantic County does not cover juvenile criminal mischief under separate laws—if you are under 18 and are charged with criminal mischief, you will go through New Jersey's juvenile justice system. This system emphasizes rehabilitation of offenders and has more options around fines, detention, and other penalties than the adult criminal court system does. But it is far from perfect.
Juvenile convictions can have a serious and permanent impact on the course of a child's life. Penalties can also be assessed to parents or guardians if the court determines they failed in their duties to exercise reasonable supervision over the minor in question.
If your child has been accused of criminal mischief in Atlantic County, you need an attorney who is skilled in defending juvenile offenses. Their whole future could depend on it.
Pretrial Intervention
In New Jersey, those charged with or arrested for criminal mischief will have access to a Pretrial Intervention Program (PTI) that—along with the help of an attorney—could result in your charges being dismissed and your record being expunged.
PTI programs have a strong focus on rehabilitation and support services, making them especially well-suited for first-time offenders or individuals whose personal, social, or health problems may have contributed to their actions.
If you're considering a PTI program, the Lento Law Firm can help guide you through the process. It might be a great alternative to going to trial.
Criminal Mischief Defense Attorney in Atlantic County, New Jersey
If you're facing criminal mischief charges in Atlantic County, New Jersey, contact the Lento Law Firm Criminal Defense Team. The faster you get in touch, the more time we'll have to build your defense. Call us today at 888.535.3686 or contact us online for your confidential consultation.
