CRIMINAL MISCHIEF IN NEW JERSEY

Written By Arthur G. Margeotes, Esq

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. 


Arthur G. Margeotes, Esq

Arthur G. Margeotes, Esq. is a criminal defense attorney in New Jersey. 

Experienced in the criminal defense of both adults and juveniles, Art also handles DUI (Driving Under the Influence) and motor vehicle violations in municipal courts. 

Art represents parties in domestic violence cases from the initial phase through settlement or litigated hearings, often in conjunction with related criminal charges.

An approved attorney for the New Jersey State P.B.A., Art represents law enforcement officers in criminal, administrative, and employment cases. 

Art’s 28 years as a criminal prosecutor in the Essex and Passaic County Prosecutor’s Offices has given him the rare ability to develop an in-depth knowledge of the intricacies of criminal law.  His extensive trial experience has honed his skills. He has directed numerous investigative units and has prosecuted complex criminal cases involving governmental corruption, white-collar and financial crimes, organized crime, homicide, narcotics, insurance fraud, adult sex crimes, and child abuse.

Throughout his career, Art has worked jointly on investigations with numerous law enforcement agencies, including The Federal Bureau of Investigation (F.B.I.), The United State’s Attorney’s Office, Immigration and Custom’s Enforcement (I.C.E.),  Bureau of Alcohol Tobacco & Firearms (ATF), The Office of the N.J. Attorney General, N.J. Office of Attorney Ethics, N.J. State Police, County Prosecutor’s Offices, and Local Police Departments.  As a result of his vast and varied experience, he has developed relationships with prosecutors and law enforcement and has earned an impeccable reputation before judges.

*The Supreme Court of New Jersey has approved no aspect of this advertisement. See Award Methodology

https://crimelawyernj.com/
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