Malicious Mischief in Kent
You may have never heard of malicious mischief before, but now Kent police have charged you with it. Unfortunately, it is a very serious charge in Washington state that comes with severe penalties, including fines, restitution, and jail time. This is why you must take it seriously. If you're facing malicious mischief charges, you must retain our Kent defense attorneys. We are here to help you challenge charges and work to minimize the penalties. Call our law offices today for a free consultation to learn more.
If you're facing malicious mischief charges in Kent, Washington, our local defense team is here to help. With over 20 years of experience, we specialize in defending clients in the King County Court, where we have built strong, professional relationships with the judges, prosecutors, and court staff. Our legal services are known throughout Western Washington for achieving favorable outcomes in challenging cases. Whether you face property damage, vandalism, or another malicious mischief offense, we're ready to put our expertise to work for you. Let us fight to protect your future and help you navigate the process with confidence.
What Is Malicious Mischief In Washington State?According to Washington state law, malicious mischief is intentional action that causes harm to someone else's property, rendering it unusable or unsafe. Kent law enforcement will charge you with malicious mischief for:
- Spray-painting graffiti on someone else's property, such as a wall or building
- Keying a car in a parking lot out of anger or retaliation
- Breaking a window on a home, car, or business during an argument or altercation
- Slashing tires on another person's vehicle
- Destroying furniture or appliances during a domestic dispute
- Tampering with utility lines or equipment, such as cutting cables or damaging power meters
- Pouring harmful substances like bleach or paint onto someone else's property, such as a car or lawn
- Damaging public property, like smashing park benches or bus stops
- Deliberately flooding a property, such as leaving a faucet running in an attempt to cause water damage
- Cutting down or damaging trees on someone else's land without permission
No matter the circumstances behind the charges, the penalties for malicious mischief are steep.
What Are The Penalties For Malicious Mischief In Washington State?The penalties for malicious mischief in Washington state include:
- First-Degree Malicious Mischief: Convictions for this Class B felony can result in prison time and substantial fines.
- Second-Degree Malicious Mischief: When convicted of this Class C felony, penalties include possible incarceration and fines.
- Third-Degree Malicious Mischief: This gross misdemeanor could result in jail time, fines, and restitution to the property owner.
Any conviction for malicious mischief can also lead to a permanent criminal record and an order to pay restitution to the victim. Our malicious mischief defense attorneys in Kent will help you mitigate or avoid these steep penalties.
What Are Some Good Defenses Against Malicious Mischief?Defending against malicious mischief charges requires challenging the prosecution's case and presenting evidence that undermines their claims. Here are some strong defenses that our attorneys in Kent may use:
- Lack Of Intent: Malicious mischief requires intentional damage to someone else's property. If the damage was accidental or unintentional, such as a misunderstanding or mistake, this can be a strong defense.
- Ownership Or Permission: If you own the property in question or had permission to alter or damage it, you cannot be charged with malicious mischief. For example, if the damage occurred during repairs you were authorized to make, this can serve as a defense.
- Procedural Errors: If law enforcement violated your rights during the investigation, the evidence they collected against you could be suppressed, weakening the prosecution's case.
- Damage Was Minimal or Nonexistent: If the alleged damage is so minor that it doesn't meet the legal threshold for malicious mischief like superficial marks that are easily cleaned, this can be a defense. We can argue the property wasn't truly damaged as required by law.
- Consent To Damage: If the owner of the property gave you permission to alter or damage the property, such as agreeing to graffiti, it negates the intent to harm.
- No Proof of Ownership: Malicious mischief requires that the property belongs to someone else. Courts must establish ownership of the property or determine whether the property was abandoned or shared.
- Mistake of Fact: If you genuinely believed the property was yours or you had a legal right to modify or destroy it, this can serve as a defense. Examples would be dismantling a structure you thought was abandoned or mistakenly cutting down a tree on a disputed property line.
- Artistic Expression Without Harmful Intent: If the alleged damage involves graffiti, you can argue that your intent was an artistic expression and not to harm or deface the property.
- No Threat to Public Utilities: For cases involving allegations of interference with public utilities, a common element in certain malicious mischief cases, proving that your actions did not endanger or disrupt critical infrastructure can significantly weaken the prosecution's case.
No matter the circumstances behind your malicious mischief charges, our experienced attorneys in Kent know how to defend you.
Consult A Malicious Mischief Defense Attorney In Kent NowOur Kent-based criminal defense attorneys are proud to represent this community. You'll find us enjoying outdoor activities at Lake Meridian Park, hiking the trails around Kent's Green River Gorge, or exploring the nature preserves nearby. We support local businesses like Venus Cafe, shop at Kent Station, and attend community events such as Kent's Cornucopia Days and the Kent International Festival. From cheering on the Kentwood Falcons to catching a game at ShoWare Center, we are always here for our community.
We know everything about Kent, just like we know everything about the Kent courts. This is why we believe every malicious mischief charge can be challenged in some way. Our attorneys are experts at finding that path. If you're facing a malicious mischief charge, call our law offices now to leverage our 20 years of experience and get the defense you need.
Our Kent Malicious Mischief Attorneys Can Help Defend You If You're Charged With This Serious CrimeMalicious mischief is defined as the willful destruction of someone else's property, whether through vandalism, graffiti, or any other means. Crimes of this nature are far more serious than many people realize. The value of the property that was destroyed or damaged determines the severity of the charge, which means that merely spray painting a wall could lead to a felony conviction.
Our Kent malicious mischief lawyers can help you better understand this sometimes complex crime:
First Degree Malicious Mischief is a Class B felony resulting from property damage in excess of $5,000. A conviction could result in up to ten years in prison and fines totaling $20,000.
Second Degree Malicious Mischief is a Class C felony, charged when property valued from $5,000 to $750 is damaged or destroyed. A conviction may result in up to five years in prison and fines totaling $20,000.
Third Degree Malicious Mischief is a gross misdemeanor, charged when damaged property is valued below $750. While not as serious as a felony malicious mischief charge, a conviction still may land you in jail for year and facing fines of up to $5,000.
The Kent malicious mischief attorneys at the Law Office of Jason S. Newcombe understand how to defend clients against these charges by using their more than 30 years of collective experience.
Our Kent Malicious Mischief Lawyers Offer Further DetailsOur Kent malicious mischief attorneys will seek avenues of defense that you may not have considered. For example, the prosecutor in a malicious mischief case is responsible for proving the value of the damaged or destroyed property. If their calculations are questionable, we may be able to have your charges reduced in some way. If the amount of the property is near the dividing line for a Class B and Class C felony, this could mean a reduction in prison time from 10 to 5 years.
Our number-one goal is to minimize your punishments whenever possible, which is why we conduct a thorough investigation of the facts and sometimes bring in expert testimony to ascertain a piece of property's true value.
This is important because there is big difference between a valuable family heirloom and a worthless item that is only perceived to be valuable. Indeed, the difference between the two could directly affect your freedom.
Contact one of our Kent malicious mischief lawyers today for a free consultation, and find out more information about how our legal professionals can help you. Your lawyer will argue to have your charges dropped to a lesser offense, which could mean being charged with a misdemeanor instead of a felony. Much will depend on the details of your case, so call our law office without delay and start getting some reliable answers based on the law.