New Jersey Criminal Mischief
New Jersey defines criminal mischief as the act of damaging the tangible property of another party. The damage may occur in one of two manners: recklessly or negligently, involving fire, explosives, or other dangerous means; or purposely, knowingly, or recklessly, involving the endangerment of a person or property. Criminal mischief of the second type covers the damage or destruction of a rented property or items within it by a tenant who is retaliating against a landlord in response to an eviction.
If the loss to the owner of the property is less than $500, the act of damage is not considered criminal mischief. The person who has damaged the property is charged with a disorderly persons offense. In New Jersey, a disorderly persons offense has a maximum sentence of up to 6 months in jail and a fine up to $1,000.
If the loss is between $500 and $2,000, the act of damage is considered criminal mischief, and a crime of the fourth degree. Crimes of the fourth degree have a maximum penalty of up to 18 months in prison and a fine up to $10,000. If the loss is over $2,000, the act is considered criminal mischief, and a crime of the third degree. Crimes of the third degree have a maximum penalty of up to 3 to 5 years in prison and a fine up to $15,000. Criminal mischief that causes a substantial interruption or impairment of utility services and recklessly causes death is a crime of the second degree. Crimes of the second degree have a maximum penalty of up to 5 to 10 years in prison and a fine up to $150,000.
A person who is charged with a second or subsequent act of criminal mischief will be sentenced to a fixed minimum term of imprisonment of not less than 5 years. They are not eligible for parole during the period of their sentence. New Jersey counts convictions from other states in making this determination.
Usually, people sentenced for criminal mischief are required to compensate the property owner for the damage. They may also be required to complete community service hours, pay court costs, and serve a term of probation.
There are defenses to the charge of criminal mischief. First, the property must be the property of another. If you own the property in question, either in whole or in part, you may have a defense. The property must be tangible, or have physical presence. If the property may be something that is virtual or digital, either in whole or in part, you may have a defense. The incident must have occurred in a reckless, negligent, knowing, or purposeful manner. If you were involved in a traffic accident and caused damage through no fault of your own, you may have a defense.
The more technical aspects of the criminal mischief statute cover damage to research properties, airports, and graves. The statute also covers damage to companies or government offices involved in public communication, transportation, and utilities.
Our law firm serves clients throughout Monmouth County, Ocean County, Middlesex County, Mercer County and all of New Jersey. If you face arrest for a drug crime, call (732) 503-8968 or contact us online to schedule a free consultation.
