Vandalism is a relatively common criminal offense. Young adults are at especially high risk of charges related to vandalism if they create graffiti art or intentionally damage property belonging to other people or businesses.
Typically, New Jersey does not bring a vandalism charge but instead a criminal mischief charge against the person accused of damaging private property intentionally. Those accused of criminal mischief related to vandalism need to understand the law to respond effectively.
What constitutes criminal mischief?
Criminal mischief is a broad term that applies to any intentional damage caused to private property or any reckless acts that cause property damage. Breaking windows at a home, intentionally slashing the tires on a vehicle or tampering with fire alarms may constitute criminal mischief. Throwing objects at moving vehicles, carving into the mortar between bricks on a building or spray painting graffiti on a wall are also all acts of criminal mischief.
What are the possible penalties?
The state grades criminal mischief charges based on the cost of the damages produced. If the total cost of repairing the damage is under $500, the state may pursue a disorderly persons offense that carries up to six months in jail, $1,000 in fines and restitution payments to the property owner.
Criminal mischief becomes a fourth-degree crime if the property damage costs between $500 and $2,000 to address. The penalties the courts may impose include up to 18 months in prison and $10,000 in fines, as well as financial responsibility to the property owner.
If the damage costs more than $2,000 to repair, the offense becomes a third-degree crime that carries between three and five years in prison and fines of as much as $15,000. The state can also increase charges in cases where the offense involves public utilities.
Those who intentionally damage religious facilities, cemeteries or properties that belong to educational institutions typically face fourth-degree crimes regardless of the extent of the damage. Those convicted of a graffiti-related offense generally face an additional penalty of 20 days or more of community service that may focus on removing the graffiti they produced.
Fighting criminal mischief or vandalism charges requires the support of a criminal defense attorney. Those who need help with vandalism or criminal mischief charges can discuss their case with the Law Offices of Stephen R. Piper, LLC, to better understand their options. Schedule a consultation by calling 856-484-5581 or clicking here.