In Somerville, Franklin Township, Bridgewater, Hillsborough Township, or other parts of Somerset County in New Jersey, the playful, intentional, or unintentional defacing or destruction of public or private property can lead to criminal charges. Whether your actions were caused by a dare, a prank, or an expression of creativity is irrelevant. If you vandalize someone's property, the consequences can be quite serious.
Typically, individuals arrested for vandalism, property destruction, defacing property, or other similar activities in Somerset County are likely to face criminal mischief charges. If found guilty, you could go to jail, pay significant fines, and even have a criminal record that can have future consequences. You don't want that, which is why you need to talk to an experienced criminal mischief defense attorney in Somerset County, NJ.
The Criminal Defense Team at the Lento Law Firm is experienced in the aggressive legal representation and defense of clients accused of criminal mischief in Somerset County. Let's help fight for and protect your rights and seek fair outcomes for you.
Call 888-535-3686 or fill out our online contact form to speak to a lawyer.
Types of Criminal Mischief
Sometimes, actions leading to a criminal mischief charge can appear innocuous, harmless, or unserious. It's not unusual for the defendant to wonder why the prosecution is hellbent on making them pay or punishing them when they “merely made an innocent mistake.” Therefore, it can seem over the top when people are arrested for those crimes and charged.
Unfortunately, due to their broad definitions, New Jersey's criminal mischief laws don't help either. The definition of criminal mischief is as follows:
- The reckless or intentional destruction or damage of another's property due to negligence or purposeful action.
- Acting with malice regarding destroying another's property and with the sole intent of causing harm or endangering the person or their property.
As simple as these definitions seem, they cover a broad spectrum of activities that the defendant may not even know. Here are some examples of actions depicting criminal mischief in New Jersey:
- Spraying graffiti on private or public property on a dare.
- Smashing a property's windows or mailbox while engaged in playful activities.
- Destruction of public or private property without permission from the owner.
- Taking building materials from abandoned properties, e.g., stripping abandoned properties of copper wires or plumbing pipes.
- Shooting or throwing objects like eggs or fireworks at vehicles passing by.
- Occupying campus grounds during protests involving property damage or academic disruption.
- Damaging appliances or defacing your apartment or building after being given an eviction notice — could be while you're trying to remove your decorations or installations from the apartment's floors or walls.
- Property damage during an altercation, such as a domestic dispute
Because of the law's broad application and definitions, it's easy to be accused of criminal mischief in New Jersey if anyone makes certain mistakes. This is why you have to talk to experienced Somerset County criminal defense lawyers if allegations of criminal mischief have been leveled against you. Don't assume that it's not a big deal. It is and can affect you for a long time.
Grounds for Criminal Mischief Prosecution
Understanding the grounds on which you can be charged with criminal mischief and subsequently prosecuted is important.
To establish a case and prove you were liable, the prosecution merely needs to demonstrate that you “with knowledge aforethought” – meaning you acted with deliberate intent to damage or destroy property and/or cause harm – carried out the actions for which you've been accused.
Therefore, the court should find you guilty of criminal mischief based on that reason. This is a dangerous requirement because it leaves the judge free to interpret the law –no matter how loosely connected or far-reaching– as they see fit and deliver an unfavorable verdict.
You cannot afford to leave your defense to the whims and interpretations of a judge. You need a solid and aggressive defense to avoid suffering severe consequences and penalties, particularly if your actions were unintentional.
College Student Criminal Mischief Defense in Somerset County
Tertiary institutions like Rutgers and Princeton in Somerset County have seen multiple instances of criminal mischief. At Rutgers, a man pled guilty to vandalizing a building occupied by a campus-based religious organization. At Princeton, protesters painted graffiti on a campus building.
Apart from a likely code of conduct violation – which may attract disciplinary action – students of Somerset County colleges or universities who participate in activities that lead to the defacing or destruction of public or private property are at risk of being charged with criminal mischief.
The best thing you can do if you've been arrested on the grounds of criminal mischief activities is to get a skilled college student criminal defense attorney to represent you and fight to protect your rights. Remember, it doesn't matter if you thought your actions were just some fun activity. If law enforcement books you for breaking the law, you may go to jail. Worse, you may have to deal with the lifelong repercussions.
Call 888-535-3686 or fill out our online contact form to explore your options and hopefully avoid a criminal record.
What Should You Do If You're Arrested and Charged with Criminal Mischief?
Getting arrested for criminal mischief can be unnerving. Also, chances are this is your first “rodeo” and you're probably scared about what could happen.
While there are a series of steps that you can take, none is more important than contacting a criminal mischief defense attorney in Somerset County. With an experienced criminal defense lawyer, your odds of beating the allegations and protecting your rights in court will be much higher. This is much better than accepting any legal aid provided by the court.
Your attorney can explore viable options that will help you secure a fair outcome from the case.
Criminal Mischief Offenses Grading in Somerset County, NJ
Although criminal mischief is largely a property damage crime, there are grades to it. The severity of the crimes will often determine the extent of the penalties. Understanding how the grading works is vital to the success of your case.
Thankfully, New Jersey's courts often consider the defendant's ignorance of the implications of their actions. This willingness to consider your lack of awareness can help your case tremendously and determine its outcome.
Criminal mischief offenses in Somerset County and the state of New Jersey are graded as follows (we'll arrange them according to their order of severity):
- Graffiti crimes
- A disorderly person's offense
- Fourth-degree criminal mischief
- Third-degree criminal mischief
- Second-degree criminal mischief
Depending on the extent of property damage, harm to others, and several other factors, penalties may vary from restitution acts like cleaning up the graffiti to a 10-year prison sentence and up to $150,000 in fines.
Juvenile Sentencing for Criminal Mischief in Somerset County
Some criminal mischief cases involve minors who make mistakes. However, just because minors carry out criminal mischief offenses doesn't mean they won't be penalized. Most criminal cases involving minors are typically tried under the state's juvenile justice system.
But occasionally, the courts may try a minor as an adult if they demonstrated attributes similar to that of adults while committing very severe crimes. The reality is that with the right legal representation, a minor may be able to receive only community service and probation.
Nevertheless, the outcome of a case largely depends on the nuances of each crime and the circumstances surrounding it. For example, if a 16-year-old slashes vehicle tires after being pressured by a much older person, the defense may be based on peer pressure and intimidation. The defense attorney can argue that the child feared for their safety and carried out the action because of the threats from the older person.
On the other hand, if another 16-year-old is arrested for simply painting graffiti on an abandoned public property, the defense lawyer can argue that they didn't know any better and should be let go with a warning or no penalty. Again, each case is unique, which is why you should consult with our experienced Somerset County criminal mischief defense attorneys if your minor ward or child has been charged with criminal mischief.
Parental Liability in Criminal Mischief Cases Involving Minors
Most parents don't know this, but parents or guardians can be liable for their child's or ward's property damage if they fail to exercise reasonable control or supervision of the minor. This complicity by way of omission or dereliction of protective duties can lead to penalties.
So, if your juvenile child or ward is charged with criminal mischief, talk to an experienced attorney about your possible liability so you're not blindsided by the prosecution.
Get Legal Help from a Somerset County Criminal Mischief Defense Lawyer
Effective legal defense, representation, and guidance can make a huge difference in a Somerset County criminal mischief case.
Whether it involves a minor or an adult, the right legal help, such as those offered by the Lento Law Firm's Criminal Defense Team, can help protect your rights and that of your ward/child during the case.
Call 888-535-3686 or fill out our contact form to discuss your case.
