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23Mar

Examples of Criminal Mischief

In this post we will explore examples of criminal mischief. Read along to learn everything about these types of charges and what the term actually means.

criminal mischief charges Louisiana LA
criminal mischief charges Louisiana LA

Defining Criminal Mischief

The term criminal mischief refers to a crime that damages the property of another person. Crimes regulated by state law also include altering, destroying, or tampering with property for criminal purposes.

Damage to tangible individuals or private property is an important factor in committing criminal activity. That is, the exact amount (minor or serious) of damage to property or personal property is not the most important factor.

A criminal mischief conviction can have serious consequences, including criminal records, community service, thousands of dollars in damages, and possible imprisonment.

Examples of Criminal Mischief as well as the laws and penalties

Determination

Criminal mischief can be prosecuted even if you are not fully aware of what you are doing and choose to act intentionally.

 In other cases, negligence in handling dangerous objects or weapons or failure to comply with reasonable precautions and safety measures may not constitute criminal mischief.

For a prosecutor to prove criminal misconduct, the intention must be to prevent the owner from using the property.

The main factor that the court considers to be criminal mischief is that it can reasonably harm others or their property, resulting in financial harm.

Examples of mischief

An example of common mischief is intentional property damage. This could be as simple as breaking a window or door during an altercation. Damage small or large is included.

Medaling with alarm systems or home security

Tampering with a grave

Altering paint on a vehicle, including removing paint

Keying a vehicle

Altering or removing signs

Starting a fire (arson)

Egging a home or vehicle

Tampering with a firehose

Graffiti of any sorts

Slashing tires on a vehicle

Breaking into a home, office, or business

Other Examples Not related to Property Damage

Intentional discharging of a firearm

Hacking into someone’s computer without authorization

Throwing any objects on a state or city-owned property, such as on any street, avenue, road, or highway.

Interfering with a satellite

Giving a false complaint or report to the police or sheriff

Disrupting public water service

Refusing to leave a business or property

Representation For These Charges

If you are wondering if you will need representation, the answer is yes. Even if you don’t go to jail after the trial, you still must pay a fine. However, you can avoid fines and criminal records with the right lawyer.

Acquiring the right legal representation for criminal mischief is especially important when you are considering your figure, wallet, and reputation. Choosing a lawyer to defend you to have charges dropped or lessoned is ideal.

Consequences Of Criminal Mischief Charges

Criminal mischief can be prosecuted even if you are not fully aware of what you are doing and choose to act intentionally.

Criminal mischief charges remain in your record and can damage your reputation. If you are charged with criminal prosecution, please consult a knowledgeable lawyer.

In other cases, negligence in handling dangerous objects or weapons or failure to comply with reasonable precautions and safety measures may not constitute criminal mischief. For a prosecutor to prove criminal misconduct, the intention must be to prevent the owner from using the property.

Regardless of the size or extent of the damage, damaging anything you own with malicious intent is considered criminal property damage. Of course, every case is different

depending on circumstances, which will determine the specific charges.

Over more, Criminal Mischief has many different meanings, but with the underline intent of causing damage to a person, business, or property. Intent plays an important role, as it is a major factor in sentencing and the initial charging. This can be the difference between a felony and a misdemeanor. Understanding that the persons had the intent to damage without any regard for the owner or the persons affected by the wrongdoing VS damage that is done unintentionally or by accident.

For example: If a person is upset with a local business, then sets out to graffiti their property, this would be considered damage done with Intent.

If a person breaks a door while they are bringing in an order, that is not considered criminal mischief.

This charge is very serious that can result in a misdemeanor, felony, jail time, and/or restitution paid without proper representation. Choosing the right representation from a criminal lawyer that understands this can be the difference between receiving a misdemeanor or a felony

Probation

You may receive probation as a first-time offender or as a repeat offender. The judge may decide to give only probation or may add it on top of fines and sentences. If you are to complete probation, there are terms and outlines you must fulfill. 

Probation requirements may involve voluntary service or counseling. It may also put a restriction on the use of drugs and alcohol or weapons should you have them in your possession (legally in your state). Time on probation varies from several months to several years. 

Restitution

In cases where crime results in damage to a property, the court will almost always rule restitution. This is separate from other fines you pay and is specifically made to pay the owner of the property. The main difference between restitution and fines is that fines are paid to the state, but you reward restitution to the owner. 

This documentation remains on file. In cases where the state and defense aren’t able to come to an agreed amount, they set another hearing. This hearing must also include enough evidence that the amount in question is just and deserved for the victim. 

Fines 

The most common charge to get in relation to criminal mischief are fines. If you are charged with criminal mischief for the first time, this is often the only ruling the judge will give. Misdemeanor fines range from $200-$1,000. 

Those with a felony get a $5,000-$10,000 fine or more. If you significantly damaged property or an individual, you should expect those fines to be more. If this is the case, you’ll be charged with criminal damage to property.

Jail 

You can wind up in jail or prison with criminal mischief based on the judge’s ruling. Most jail sentences aren’t long. On average you may be in jail 1-2 months, but it’s not impossible to get a 6- or 12-month charge. Oftentimes, a jail sentence is given to repeat offenders. 

Those who have a felony sentence go to state prison, particularly in cases when they put a victim at great risk. Those with felonies can spend as long as 5-7 years in prison. 

Carl Barkemeyer, Criminal Defense Attorney Represents Criminal Mischief Charges

The Barkemeyer Law Firm represents criminal mischief charges frequently. You can contact him at his Baton Rouge location and learn more about how he can help.

You should now have a better understanding of examples of criminal mischief charges and we wish you all the best.

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DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

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