The intentional harm or destruction of personal or public property without proper consent is typically referred to as malicious mischief or criminal mischief. Laymen would be more acquainted with the synonymous word “vandalism,” which means anything from breaking window panes to spray-painting graffiti on private walls.
In particular cases, criminal mischief may also include trespassing.
The charges for criminal mischief can be proved if the prosecutor can substantiate the three essential elements, which will be discussed in this article.
Reckless or Intentional Act
The defendant (the one accused of malicious mischief) intentionally destroyed or damaged another person’s property. The law requires that the defendant harm the property intentionally, not simply accidentally.
You can hardly call it criminal mischief if kids in a neighboring park accidentally shatter your window while playing soccer. It’s conceivable that the parties will settle this matter out of court even though your property was damaged.
On the other hand, take a situation where someone decides to hit baseballs at your window, and one of those shatters it. This conduct is illegal. It makes no difference if their purpose was to intentionally smash the window or inflict any other physical damage. What counts is that they meant to do something they knew (or should have known) could plausibly cause property damage.
Carelessly using fireworks, fire, or other potentially hazardous materials or techniques and causing property damage are also considered reckless activities that would probably support a criminal mischief conviction.
Other’s Property
Usually, it is not a crime to damage your own property. The issue of who owns the property may surface if the property is rented, leased, or co-owned.
Damage to property in which the defendant and another person have an interest is considered criminal mischief in many states.
Imagine a scenario when a married couple’s car windows are smashed by an enraged spouse. If the co-owner or spouse disagreed with the damage, this situation could lead to accusations of criminal mischief.
Consent
The prosecution must demonstrate that the defendant caused the property damage without permission. When court orders are involved, such as one ordering the towing of an illegally parked car, consent can occasionally become a problem.
Alternatively, a defendant may argue that the property owner approved of the act that caused the damage, such as demolishing their old fence.
Possible Defensive Strategies for Criminal Mischief
A person accused of criminal mischief may raise a number of defenses. Among these are:
- The owner had given consent to the defendant to cause damage to the property.
- The defendant was falsely charged.
- The damage done was an accident.
- The defendant had a legitimate reason for causing damage to the property. For example, suppose the defendant shattered a car window to save an animal that looked to be in distress and overheated in a locked, unattended vehicle. In that case, the defendant might claim that their actions were justifiable.
While it is possible for defendants in criminal cases to represent themselves in court, it is advisable to retain legal counsel and avoid taking on the case on their own, mainly if the charges against them are severe. This is important, as more serious instances of criminal mischief may lead to harsh punishments.
If you are facing jail time due to a criminal mischief charge, do not waste time. Get in touch with an experienced criminal defense lawyer. They will help you understand your rights and will play a crucial role in getting your case dismissed. At the very least, they will help reduce the severity of the punishment awarded.
