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Putterman Legal

New Jersey Criminal Mischief Defense Attorney

Facing a Criminal Mischief Charge in New Jersey? We Can Help

At Putterman Legal, our New Jersey criminal mischief defense lawyer is an experienced advocate for justice. We are prepared to go the extra mile to help our clients find the best solution to the charges that they are facing. If you or your loved one was arrested for criminal mischief, we are here to help. Contact our New Jersey criminal defense lawyer today for a fully confidential consultation.

Your Guide to Criminal Mischief Charges in New Jersey

There are many myths and misconceptions about the offense of “criminal mischief’ in New Jersey. It is prosecuted under N.J.S.A. 2C:17-3. The statute covers a wide range of conduct that involves damaging, tampering with, or destroying property belonging to another. While sometimes seen as a “property crime,” criminal mischief can carry severe penalties depending on the value of the damage and the circumstances of the offense. In some cases, a person could even face prison time for a criminal mischief offense. Here is an overview of key points to know: 

What Counts as Criminal Mischief

Criminal mischief happens when a person purposely or knowingly damages tangible property of another without consent. The New Jersey Criminal Code defines this offense to include anyone who purposely, knowingly, or recklessly tampers with or damages tangible property belonging to someone else. It also applies to reckless or negligent conduct that causes damage, such as throwing objects at vehicles or breaking windows.

If he purposely or knowingly damages tangible property at a research facility or aviation facility, the penalties increase significantly. Tampering with utilities, pipelines, or communication systems also falls under the statute. Property damage at an aviation facility or research property can result in enhanced charges due to public safety concerns.

Criminal Mischief Penalties

Under New Jersey law, criminal mischief charges are graded based on the extent of the damage and the type of property involved. Property damage under $500 is a disorderly persons offense, handled in municipal court. A disorderly persons offense can result in up to six months in county jail and fines.

Damage between $500 and $2,000 is a fourth-degree crime, punishable by up to 18 months in prison. Fourth-degree criminal mischief charges are indictable offenses that carry serious ramifications for your criminal record. Damage exceeding $2,000 elevates the offense to a third-degree crime. A third-degree criminal mischief conviction could result in as much as five years in prison.

If the property damage causes substantial interruption or impairment of public service, it may be charged as a second-degree crime. Second-degree criminal mischief applies when someone recklessly tampers with property in a way that could endanger person or cause bodily injury. A second-degree criminal mischief charge is one of the most serious degree criminal mischief offenses under NJ criminal mischief law.

Common Examples of Criminal Mischief

Criminal mischief can come in many different forms. Indeed, these cases often include vandalism of homes, vehicles, or businesses. Graffiti is frequently charged as criminal mischief, and offenders may be required to pay cleanup costs in addition to fines. Keyed cars, broken windows, and intentional flooding are other common examples.

Additional examples include damaging property at rental premises during eviction proceedings or destroying tangible property of another during disputes. Our law offices have handled cases involving damage to rental property, research facilities, and aviation facilities throughout the state.

Understanding Degree Classifications for Criminal Mischief

The degree of your criminal mischief charge depends on several factors under New Jersey Criminal Code provisions. A fourth-degree crime is the lowest level of indictable offense, while third-degree and second-degree charges carry progressively harsher penalties. Each degree of crime requires proof that the defendant acted with intent or showed reckless disregard.

A person convicted of any degree of criminal mischief may face restitution payments, community service requirements, and a permanent criminal conviction on their record. The defendant’s criminal record and prior history can influence sentencing, especially for repeat offenders.

Consequences Beyond Criminal Penalties

A criminal mischief conviction can have significant negative consequences that extend beyond court-ordered penalties. You may be required to perform community service, make restitution payments to victims, and attend counseling programs. Employment opportunities can be limited with a criminal record, and professional licenses may be affected.

Parents may face civil liability if their minor child is charged with criminal mischief and they failed to exercise reasonable supervision. Courts can order parents to pay restitution and perform community service alongside their children in certain cases.

Why Rely On Defense Lawyer Bonnie Putterman for a New Jersey Criminal Mischief Case

Criminal mischief is a serious matter in New Jersey. It could even potentially be a felony criminal offense in certain circumstances. Our founder and leader, attorney Bonnie Putterman, is a top-rated New Jersey defense lawyer with a long record of client testimonials. We are proactive and solutions-focused. Our attorneys possess extensive experience handling all types of NJ criminal mischief cases. Along with other things, our New Jersey criminal mischief defense lawyer will: 

  • Hear your story and answer questions about your case; 
  • Investigate the criminal mischief charges, gathering relevant evidence; 
  • Handle any plea agreement negotiations with the prosecution; and
  • Build a personalized defense strategy focused on getting the best results. 

Our law offices work to minimize penalties for criminal mischief and protect your future. We understand New Jersey criminal mischief law and know how to challenge charges involving tangible property damage.

Criminal Mischief in New Jersey: Frequently Asked Questions (FAQs)

What is criminal mischief in New Jersey?

It is the unlawful damaging or tampering with someone else’s property. Among other things, the offense can include vandalism, graffiti, or destruction of vehicles. To be clear, even relatively minor damage can result in charges for criminal mischief.

Will I have to pay for the damage if convicted of criminal mischief?

Yes, probably, indeed, restitution is often ordered. Notably, this means paying the victim for repairs or replacement of damaged property. Restitution is in addition to fines and other penalties.

Can a criminal mischief charge be expunged in New Jersey?

Yes, if statutory waiting periods are met and no new offenses occur. Both disorderly persons offenses and indictable convictions qualify for expungement under New Jersey law.

Can minors be charged with criminal mischief in New Jersey?

Yes, juveniles can face charges under N.J.S.A. 2C:17-3. Cases are handled in family court but still carry restitution, probation, or detention. Diversion programs may be available for first-time juvenile offenders. A top New Jersey juvenile defense lawyer can help.

What if the damage involves human remains or memorial property?

Damage to human remains, burial sites, or memorial property carries enhanced penalties under the New Jersey criminal mischief statute. These cases are treated with particular seriousness and often result in higher degree charges.

How does a criminal mischief offense affect my record?

A criminal conviction stays on your record unless expunged. This can impact employment, housing, and educational opportunities. Working with an experienced criminal mischief defense attorney can help minimize these consequences.

Contact Our New Jersey Criminal Mischief Defense Lawyer Today

At Putterman Legal, our New Jersey criminal mischief defense attorney is standing by, ready to review your case and help you develop a defense strategy that makes sense. Accused of criminal mischief? We can help. Contact us now to set up your completely confidential, no obligation initial appointment at (609) 625-8383. We defend criminal mischief charges throughout all of New Jersey.

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