CRIMINAL MISCHIEF

This offense is committed when the perpetrator intentionally damages the property of another, or participates in the destruction of someone else’s property. Typical forms of mischief include vandalism and graffiti.


In Washington the statutes on criminal mischief are plentiful, but there are generally three degrees to this charge, increasing in severity based on the dollar amount of damage caused.


Malicious mischief in the first degree involves causing physical damage to another’s property exceeding $1500, causing interference of service rendered to the public such as tampering with an emergency vehicle. Malicious criminal mischief in the second degree specifies an amount of damage $250 or more, and third degree for any damage not amounting to the amount specified in the first or second degree. First and second degree malicious criminal mischief are felonies, while third degree is a misdemeanor, unless exceeding $50, in which case it is a gross misdemeanor.


It is important to note that a third degree charge specifically refers to graffiti and other acts of vandalism. Any person who writes, paints, draws on or marks a public or private building or any other property by a person will be guilty of criminal mischief in the third degree, resulting in a gross misdemeanor penalty.


While criminal mischief is typically a misdemeanor in most states, Washington has particularly stringent penalties when it comes to this crime. Even though this crime is commonly associated with juveniles, criminal mischief charges are prevalent across all age groups. These charges can potentially land you in a lot of trouble, including jail time, if not handled appropriately by a skilled lawyer.


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