In Morris County, New Jersey, criminal mischief offenses are a part of the state criminal code that includes vandalism and the damage or destruction of property. Convictions of criminal mischief can come with fines, community service, or even jail time. And even in best-case scenarios, a criminal mischief conviction will give you a criminal record.
If you are accused of committing criminal mischief, you should consider it a serious charge that can have severe penalties. The repercussions in such cases tend to scale with the value of the property and the extent of the damage inflicted, as well as whether or not there was any injury to another party, but ultimately, it is up to the courts to decide.
Unfortunately, this means that even “minor” cases of criminal mischief can come with steep penalties. For college students and other young adults, being convicted of criminal mischief can permanently alter the course of your life.
Do not leave your fate up to chance. Contact the Lento Law Firm's Criminal Defense Team to ensure the best possible outcome for your case. Our team will work tirelessly to defend your rights and help you move forward with your life. Call us today at 888.535.3686 or contact us online to learn how we can help.
Criminal Mischief in Morris County, New Jersey
New Jersey state criminal code section 2C:17-3 defines criminal mischief as:
- “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 a rental premises by a tenant in retaliation for institution of eviction proceedings.”
Common examples of criminal mischief include breaking windows, kicking in doors, or deliberately damaging a rental property. It's important to note that criminal mischief charges can come as the result of reckless or negligent behavior as well as from intentional damage that occurred maliciously or as an act of retaliation.
The Severity of Criminal Mischief Offenses in Morris County
Criminal mischief offenses in Morris County, as in the rest of New Jersey can range in severity, from fourth-degree up to second-degree charges. More minor offenses are categorized as disorderly person charges.
When determining severity, courts will consider factors like intent, whether or not any injuries occurred, and the severity of the damage done. A teenager who gets caught painting graffiti on an abandoned building and an adult who inflicts thousands of dollars of damage on a rental property in retaliation for being evicted can each be charged with criminal mischief, but the severity of the two charges will vary greatly.
Charges for criminal mischief escalate in severity if the act was premeditated and if the actions threatened another's safety or livelihood.
Remember that even a minor case of criminal mischief is still a serious charge and that a conviction will become part of your criminal record. For young adults, this can derail your entire future.
Second-Degree Criminal Mischief
The state of New Jersey sets clear definitions for its different degrees of criminal mischief charges. Of these, second-degree charges are the most severe and carry the harshest penalties. Generally, these charges only occur if the crime in question resulted in loss of life. Here's how New Jersey differentiates second-degree criminal mischief charges:
- 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.
In Morris County, as in the rest of New Jersey, the penalty for second-degree criminal mischief can include 5 to 10 years in New Jersey State Prison, a fine of up to $150,000, restitution payments to the property owner or owners, and a felony charge on the defendant's criminal record.
Third-Degree Criminal Mischief
The next step down in terms of severity, third-degree criminal mischief charges are determined by the following criteria:
- 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 will impart a felony charge on the defendant's criminal record. Penalties will also include a fine of up to $15,000, restitution payments to the property owner, community service, and between 3 and 5 years in New Jersey State Prison.
Fourth-Degree Criminal Mischief
Fourth-degree is the lowest category of criminal mischief, but it is still a felony charge in the state of New Jersey. Fourth-degree charges are categorized by these 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.
On top of the felony record, fourth-degree charges can also carry a penalty, including a fine 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
Any lesser offenses, meaning those amounting to $500 or less in property damage, will be categorized as a disorderly person's offense rather than criminal mischief. In Morris County, NJ, these offenses are misdemeanors, but they can still carry stiff penalties, including fines of up to $1,000, restitution payments to the property owner, community service, and up to 6 months in the county jail.
Graffiti Offenses
New Jersey, including Morris County, has separate penalties for criminal offenses involving graffiti. These penalties include a mandatory 20 days of community service—including time spent removing your graffiti from the property—on top of any jail time, fines, or restitution payments.
Juvenile Criminal Mischief
Morris County does not have separate laws for juvenile criminal mischief charges. If you are charged with criminal mischief and are under the age of 18, you will go through the state's juvenile justice system. Juvenile courts have more options available to them when it comes to fines, detention, and other penalties.
A juvenile offender's parent or guardian can face criminal penalties as well if the court determines they failed in their duty to exercise reasonable supervision or control over the minor in question. Under New Jersey state law 2A:53A-15, parents and/or guardians will be held liable for the willful destruction of property by children under 18.
While the juvenile justice system is geared more towards rehabilitating offenders, it is far from perfect. Juvenile convictions can have a deep impact on a child's future and a serious effect on the entire family. If your child has been charged with criminal mischief and is under 18, the Lento Law Firm can help. We'll work tirelessly to protect your child and their future.
Pretrial Intervention
If you've been charged with or arrested for criminal mischief, New Jersey offers a Pretrial Intervention Program (PTI) that—along with the help of an attorney—could get your charges dropped.
Pretrial intervention programs can be well suited for first-time offenders or for those who have personal, social, or health problems that could have contributed to their actions as these programs offer rehabilitation and support services to address these underlying issues.
Implementing a PTI will result in your charges being dismissed and your record being expunged for the criminal charge. The Lento Law Firm has experience helping people complete these programs and preserve their good names.
Criminal Defense Attorney for Clients in Morris County, New Jersey
The Lento Law Firm's Criminal Defense Team is ready to help you defend against criminal mischief charges in Morris County. Don't delay either—the sooner you contact our team, the faster we can start on a plan to provide you with the best possible outcome. Getting a quick start on your defense can make a major difference, especially in minor cases.
The Lento Law Firm has the knowledge and experience you can rely on to get your criminal mischief charges dismissed. We know how much a criminal record can disrupt the lives of students and young professionals. Contact us the minute you learn that you've been accused—call us today at 888.535.3686 or contact us online and start defending your rights!
