Criminal mischief is a “wobbler” crime, which means it can be charged as a felony or misdemeanor. It is up to the prosecutor to choose between charging you with a felony and a misdemeanor.
Generally, it is a felony when the amount of damage to public or private property is $400 or more or if the accused has prior convictions of vandalism. On the other hand, if the value of the damaged property is less than $400, it is a misdemeanor criminal mischief.
To hold a person liable for criminal mischief, the prosecutor must prove the following elements:
- The person arrested defaced, damaged, or destroyed a property
- The property belongs to another person
- The person acted with criminal intent
Absent any of these elements, a criminal mischief case will not succeed. The prosecutor must prove beyond reasonable doubt that all the elements are present.
Penalties for Criminal Mischief in California
The penalties for criminal mischief are based on the value of the damaged property. The penalties under the California Penal Code are according to the amount of vandalism damage. They include up to one year in the county jail and/or the following fines:
- $400 or more: up to $10,000 in fines
- $10,000 or more: up to $50,000 in fines
- $400 or less: up to $1,000 in fines
Furthermore, the person convicted may also be required to undergo counseling or participate in community service.
If the defendant is a repeat offender of vandalism, the penalty is jail time of up to a year, up to $5,000 in fines, or both. This penalty applies when the amount of damage is less than $400.
The judge may also order the guilty person to remove graffiti and clean or repair damaged property. You may need to pay restitution for the value of the destroyed property. Your defense lawyer can petition the court to lower the charge or enter a plea agreement in criminal mischief felony cases.
Criminal Mischief Penalties for Minors
A minor may also be charged with criminal mischief and ordered to pay a fine. If a minor cannot afford to pay, the minor’s parent or guardian shall be held liable to pay the fine. The fine may be waived or reduced upon showing a reasonable ground.
The judge may also order the minor’s parent or guardian to keep the person’s property graffiti-free for up to a year.
What to Do If You’re Arrested for Criminal Mischief?
If you or your loved one was arrested for criminal mischief, it is important to stay calm. You don’t want the moment’s stress to cause you to say or act impulsively.
Do not hide or destroy the damaged property. Sometimes people attempt to get rid of the evidence. This is a mistake. If you have supporting evidence that will help deny the charges, however, keep them in a secure place.
Cooperate with law enforcement, but refrain from volunteering any information. Instead, call your trusted criminal lawyer. Then avoid saying anything to the arresting officer until your lawyer is with you.
Common Defenses to Criminal Mischief Charges
If you are charged with or arrested for vandalism, don’t lose hope. There are several common defenses your criminal defense attorney can use. They may prove your innocence or might shed enough doubt on your guilt to get your charges reduced.
Common defenses include the following:
- Lack of intent to deface or destroy
- Mistaken identity (it wasn’t you)
- The damage was a result of your self-defense
- The property is someone else’s property and not the victim’s
- Inadmissible or illegally obtained evidence
- The damage was due to the negligence of the victim
- You’ve already paid for the damage
- You were illegally arrested
- You had a legitimate reason to destroy the property
With all the serious consequences of criminal mischief, you want an experienced defense attorney who will not hesitate to fight back. This is all the more true if you believe you are innocent or if any of the elements of criminal mischief are lacking.
How Can the Law Offices of Christopher Chaney Help You?
Whether you are charged with a felony or a misdemeanor criminal mischief, you have every right to fight for your freedom. Conviction of any crime carries penalties and consequences that could affect your personal, professional, and family life. A criminal defense attorney from the California-based Law Offices of Christopher Chaney can help you fight your criminal charges.
For questions regarding criminal mischief or if you need legal representation, contact us. We have the skill and experience to find a strategic defense for your case. Call today for a no-obligation initial consultation!
