Piscataway Criminal Mischief Lawyers

Our firm, the Law Offices of Jonathan F. Marshall, appreciates just how overblown either side can take situations like these and has both the finesse and muscle to negotiation this obstacle effectively. We are a team of 8 skilled criminal lawyers and prosecutors who have been fighting vandalism and criminal mischief cases in Middlesex County for decades. For assistance defending a N.J.S.A. 2C:17-3 case in Piscataway Municipal Court or the Middlesex County Superior Court, call us at 732-562-0308 for a free consultation.

Piscataway NJ Criminal Mischief Offense

Under N.J.S.A. 2C:17-3, the statute governing criminal mischief, a person commits an offense where they either purposely or knowingly damage the property of another.  They may, however, also commit the offense recklessly or negligently, although, only under the limited circumstances where property is destroyed by fire, explosives, or other dangerous means.  To break this down into its elements, the prosecution essentially need only prove three things and three things only.  First, the prosecution must prove that the property involved in the incident was the property of another.  There is no law that says you can’t destroy your own property.  Second, the prosecution must prove that the defendant tampered with or destroyed that property.  Lastly, as to the defendant’s state of mind, the prosecution must show that the person tampered with or destroyed the property on purpose, knowingly, or with recklessness such that they endangered the property or person as a result.  There is no actual requirement that harm come to the property or the person, only that the defendant create a risk of harm.

Experienced Criminal Mischief Lawyers in Piscataway Township

The gradation of the offenses associated with criminal mischief have to do, as most offenses do, with the value of the property that is damaged as a result of the mischief.  Where the pecuniary damage caused by the mischievous act is less than $500, this is treated as a disorderly persons offense.  Where the pecuniary damage is greater than $500, but less than $2000, this is treated as a fourth degree felony.  The prosecution need not prove knowledge or purpose for the fourth degree crime, recklessness will suffice to sustain a conviction.  For third degree crimes, though, knowledge and or purpose are prerequisites to conviction.  A person can commit a third degree offense in two circumstances.  They may do so where they knowingly or purposely cause pecuniary damage to property in excess of $2000.  They may also commit a third degree offense where they purposely or knowingly caused a substantial interruption or impairment of public communication, transportation, supply of water, gas or power or other public service.  Lastly, a person may commit a second degree offense of criminal mischief where their act causes a substantial interruption or impairment which recklessly causes the death of another.

While there are certainly other aggravating factors related to the place where the criminal mischief occurs, for a base offense, a second degree crime can carry with it the possibility of incarceration for between 5 and 10 years as well as fines of up to $150,000.  A third degree crime can carry with it the possibility of incarceration for between 3 and 5 years as well as fines of up to $15,000.  A fourth degree crime can carry with it the possibility of incarceration for up to 18 months as well as fines of up to $10,000.  Lastly, the disorderly persons offense can carry with it the possibility of fines of up to $1,000 and in the case of graffiti, which is most common, community service related to the removal of that graffiti.