New Jersey’s Criminal Mischief Law – What You Need to Know

New Jersey’s criminal mischief law – also known as vandalism – is found in Section 2C:17-3 of the state’s criminal code. This law makes it illegal to damage someone else’s property either purposely, knowingly, or recklessly. Criminal mischief charges can range from a petty disorderly persons offense to a second degree felony, depending on the circumstances. Let’s break down what you need to know about this law.

What is Considered Criminal Mischief in New Jersey?

The criminal mischief law prohibits damaging tangible property that belongs to someone else. This includes:

• Purposely or knowingly damaging someone’s property
• Recklessly or negligently damaging property by using fire, explosives, or other dangerous means
• Tampering with someone’s property in a way that puts people or property in danger
• Damaging or destroying rental property in retaliation for eviction proceedings

Common examples include:

• Spray painting graffiti on buildings or signs
• Slashing tires
• Smashing windows
• Destroying landscaping or holiday decorations
• Flooding a house or apartment
• Damaging a car by scratching the paint or denting it

So basically, if you damage something that doesn’t belong to you – whether intentionally or not – you could face criminal mischief charges.

What Are the Penalties for Criminal Mischief in New Jersey?

The penalties for criminal mischief depend on two main factors – the amount of damage done and your intent. Here’s a quick overview:

Disorderly Persons Offense

If the damage is less than $500, it’s a disorderly persons offense. This is the lowest level offense with penalties up to 6 months in jail and a $1,000 fine.

4th Degree Crime

If the damage is between $500 – $2,000, it’s a 4th degree crime. Penalties include up to 18 months in prison and a fine up to $10,000. Tampering with aviation facilities also falls under this category.

3rd Degree Crime

A criminal mischief charge becomes a 3rd degree crime if:

• Damage exceeds $2,000
• The act causes significant disruption to public transportation, utilities, or communication systems
• It involves tampering with graves, crypts, or human remains
• It causes bodily injury at an airport or aviation facility

Penalties include 3-5 years in prison and fines up to $15,000.

2nd Degree Crime

The most severe level – 2nd degree – applies if your actions cause someone’s death. For example, disabling runway lights resulting in a plane crash. Penalties range from 5-10 years in prison and fines up to $150,000.

Defenses Against Criminal Mischief Charges

If you’re facing criminal mischief accusations, here are some potential defenses to consider:

• You had permission. If the property owner gave you permission to be on the property or conduct repairs, alterations, etc., that’s a valid defense.
• Lack of intent. If damage occurred purely by accident, you may be able to fight the charges, since criminal mischief requires intent.
• Self-defense. Damaging property while lawfully defending yourself or others could justify your actions.
• Intoxication. Evidence that you were involuntarily intoxicated at the time may help negate intent.
• Mistake of fact. If you reasonably believed the property was yours or that you had permission, this mistake could undermine intent.
• Necessity. Causing damage while acting out of necessity – such as breaking a window to save someone – may excuse your conduct.

What Happens After a Criminal Mischief Arrest?

If you’re arrested for criminal mischief, here’s a quick rundown of what to expect:

• You’ll be taken to the police station for booking and processing. This includes fingerprinting and taking your mug shot.
• In most cases, you’ll have a chance to post bail to be released until your court date.
• Within a few weeks, you’ll receive a first appearance notice with your arraignment date.
• At the arraignment, you’ll enter a plea – guilty, not guilty, or no contest. A plea deal may also be offered.
• If you plead not guilty, your case will head to pre-trial motions and possibly trial.
• Punishments beyond fines and jail time may include probation, restitution, and community service.

Finding the Right Criminal Defense Attorney

If you’re facing criminal mischief accusations, having an experienced attorney on your side can make all the difference. A knowledgeable lawyer will thoroughly examine the evidence, identify any police mistakes, and build the strongest defense for your unique situation.

When choosing a lawyer, look for someone with extensive experience specifically handling criminal mischief and destruction of property cases. You want an attorney familiar with the local courts, prosecutors, and judges. This gives them an advantage when negotiating for reduced charges or a favorable plea bargain.

Don’t leave the outcome of your case up to chance. The criminal defense lawyers have helped many clients facing vandalism and property damage charges. We offer free case evaluations, so call today to discuss your best legal options.