How A Criminal Mischief Charge Can Lead to Big Legal Problems If You Have a Prior Record

 A charge of criminal mischief can encompass a wide range of activities and offenses against a property. Though it does not involve theft, it does involve damage or destruction. Common examples of criminal mischief are activities including defacing a property with graffiti or by firing paintballs, damaging a property, or destroying it. It can also include road rage and other activities that have to do with disputes or revenge. If the actions are either intentional or reckless and cause another person or entity to suffer monetary or property loss, it generally constitutes criminal mischief. Though the penalty for committing criminal mischief is generally tied to the value of the damage that has been done, it is exacerbated by other circumstances, including whether you have previously been charged and convicted with a crime of any type. At Erik B. Jensen Attorneys at Law, we have successfully defended our clients against criminal charges for over thirty years. Here’s how a criminal mischief charge can lead to big legal problems if you have a prior record.

The first thing you need to know is that there are three different degrees of criminal mischief that you can be charged with. They are as follows:

  • 1st degree felony criminal mischief – This category applies if the property that was damaged is valued at more than $5,000, or if the mischief caused an interruption of a public service of any type. The charges can include a sentence of up to 7 years in jail, plus fines of up to $15,000.
  • 2nd degree felony criminal mischief – This category applies if the property that was damaged is valued at more than $1,000. The charges can include a sentence of up to 2 years in jail and a $5,000 fine.
  • 3rd degree felony criminal mischief – This category applies if the property that was damaged is valued at more than $500 or if the value of the damage is greater than $150. The charges can carry a sentence of up to 1 year in jail and a $2,500 fine.

Engaging in destructive activity is frequently associated with public drunkenness or underage drinking, and there may be additional charges associated with the mischief charge. Though in many cases we are able to get a plea bargain on behalf of clients, allowing them to avoid having a criminal record as a result of a moment of poor judgment, this becomes more difficult if you already have a previous record of having engaged in criminal activities. One way or another, even if the charges are reduced if you are found guilty or accept a plea deal you should always expect to have to pay both restitution for the damage that has been done and the court costs.

If you have been accused of criminal mischief, you need to work with an attorney who understands how to get your charges minimized, reduced, or dismissed. Contact the law office of Erik B. Jensen today to set up a convenient appointment to discuss your case.