Criminal Mischief

Criminal mischief is something we might usually associate with teens. It’s along the lines of vandalism and other charges related to property damage and mischief. In many cases, the mischief occurs on somebody else’s property or public property. This isn’t a charge we would usually associate with possession of another person’s property. Criminal mischief is usually reserved for when another person willfully damages property, whether it’s public or private.

Other Names for Criminal Mischief

What Makes Mischief Criminal?

The term “mischief” can mean a lot of different things to a lot of different people. For all intents and purposes, mischief is criminal when damage occurred and where there was malice or criminal intent to do so. This is why you can’t really be held criminally responsible for accidentally damaging somebody’s property. Sure, you can be held accountable in other ways, but you’re probably not going to go to jail for accidentally damaging your neighbor’s fence or something like that, in most cases, at least. The two main elements of a criminal mischief charge are damage and intent. Can the prosecutor prove that you willfully or maliciously destroyed or damaged somebody else’s property?

Two Elements of Criminal Mischief

1. Damage- Did monetary damage occur to somebody else’s property?
2. Intent- Did you willfully or maliciously intend to damage that person’s property?

Damage to Property

The amount of damage sustained will typically determine the severity of penalties you’re facing. If only a few hundred dollars worth of damage was done, we’re not talking serious jail time, in most cases, for first-time non-violent offenders. If you took a baseball bat to somebody’s rare imported antique racecar, we could be talking a whole different story. It’s important to have an experienced criminal defense attorney on your case as soon as possible.

Intentional Damage

Intentional damage is the bedrock in any prosecutor’s criminal mischief case, so it’s important to make sure your lawyer knows all details of your unique situation. Every case is different, and if you didn’t mean to damage another person’s property, you should be convicted of this crime. Damage alone is not enough to convict, in most cases. If you or somebody you love is facing criminal mischief charges, you need to speak with an experienced and proven criminal defense attorney to get started on your defense as swiftly as possible.