Criminal Mischief is the purposeful or knowing damaging of the property of another, including the damage done to public property. The grade of the offense depends on the monetary cost of the damage, and can be either a disorderly persons offense, or a 3rd or 4th degree crime. If the person doing the criminal mischief is a juvenile they will be charged with these offenses as a juvenile delinquent. Obviously, what an adult may do out of purposeful or knowing action, may simply have been thoughtless conduct if committed by a juvenile.
Criminal Mischief, Burglary, Trespassing and related offenses
In cases where you enter onto the property or into the building of another person where the criminal mischief is done, you are either trespassing on the property or committing burglary. In essence, under the circumstances you had no legal right to be at that location at that time. Trespassing can be charged as either a disorderly persons offense or as a crime, depending on whether the nature of the property; and burglary is charged as a crime – with a juvenile charged with the offense as an act of juvenile delinquency. These charges can be filed as additional offenses along with criminal mischief.
It is critical to a strong defense that you do not give a statement admitting criminal conduct or participation in the actions of criminal mischief, as the cost of the repairs can be assessed against you as part of any sentence and what you say while being arrested can be used against you.
Consequences of Conviction
If you are charged as a juvenile, the consequences are meant to provide a rehabilitative basis not as a criminal sanction. You will have a juvenile record, and the Judge typically requires counseling, reimbursement for the damage and community service as part of the penalties. In most cases there is no detention in a juvenile facility unless you have an extensive record or there is some type of extenuating factors such as someone being badly injured or a weapon was used. As an adult, the sentence is meant to be punitive and while many of the same consequences will apply, you are exposed to both incarceration and/or a long probationary sentence.
If you are under investigation or being charged with criminal mischief or any other type of offense, consult immediately with an experienced criminal defense lawyer to determine what your options are. Call Howard Bailey at 973-982-1200 for a free consultation before you make any decisions on how to proceed.
Howard W. Bailey, Esq.
Experienced Criminal Trial Lawyer Defending Your Rights
Specializing in Criminal Defense Throughout New Jersey
24 Commerce Street, Suite 1000
Newark, NJ 07102
973-982-1200
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