Criminal Mischief in New Jersey

You can be charged with criminal mischief in New Jersey, also called vandalism, if you damage property. Even if it is a joke or a dare if private or public property is damaged - even if it is abandoned - you can be charged with criminal mischief. 

While the intentions behind the crime may not be serious, criminal mischief can carry some severe penalties depending on the types of property damaged and its monetary worth. 

What constitutes criminal mischief?

The New Jersey law for criminal mischief or vandalism is designed to be overly broad in order to encompass a wide range of criminal conduct involving damage or interference with another person’s property. This includes:

1. Breaking windows
2. Slashing tires
3. Spray painting
4. Throwing eggs

Some criminal mischief charges are ancillary to burglary or defiant trespass given the nature of the crime.

In order to be found guilty of criminal mischief, the court must prove beyond a reasonable doubt that you caused damage to the property on purpose, or that the damage was caused recklessly or negligently by fire or explosives. 

The Penalties

The degree of the offense is determined by the type of property damaged and the amount of monetary damages suffered. 

Criminal mischief, or vandalism, will normally be a disorderly persons offense if the property damage is under $500 or if the damage is considered nominal and can’t be determined.

However, if the damage exceeds $500, but is less than $2,000, or if public telephone wires, or water, oil, gas or lines are tampered with, you will be charged with criminal mischief in the 4th degree.

In the event the property damage is $2,000 or more, the charge of criminal mischief will be raised to a third degree felony. And, if you tampered with public services and the damage or interruption caused a death, you will be charged with second degree criminal mischief. 

Depending on the facts of the case, a criminal mischief charge may be able to be downgraded to a municipal ordinance or dismissed altogether. 

A criminal mischief charge, even as a disorderly persons offense, will result in a permanent criminal record, possible jail, prison time or probation, and restitution. 

Having an understanding of the charges, and how to navigate your predicament, could help you walk away with a reduced or even no criminal conviction. So, please call me if you, or somebody you know, is charged with criminal mischief in New Jersey.