Malicious Mischief

Malicious mischief in Washington state involves intentional property damage, vandalism, or destruction. While some might consider these minor infractions in the grand scheme of things, the consequences of these crimes can be life-altering, with high fines, jail time, and a permanent criminal record.

If you or a loved one are facing these charges, it is in your best interest to secure a skilled criminal defense attorney who can help you get through the nuances of the legal process while helping ensure the best possible outcome.

We understand the stress and uncertainty associated with malicious mischief and similar criminal charges in Washington. Our attorneys have years of experience in these cases and are dedicated to providing you with more personalized and tailored representation.

When charged with malicious mischief, your defense attorney can make all the difference. Our team has successfully defended clients across Western Washington and has achieved favorable outcomes by preparing cases meticulously and having strong strategies in place.

Malicious mischief is defined under RCW 9A.48, which categorizes the offense into three degrees based on the extent of property damage and its value.

• First-Degree Malicious Mischief (RCW 9A.48.070): This is a Class B felony for damages exceeding $5,000. It typically involves impairing public services or tampering with safety equipment. Convictions for first-degree malicious mischief can result in up to 10 years in prison and fines of up to $20,000.
• Second-Degree Malicious Mischief (RCW 9A.48.080): This is considered a Class C felony and involves property damage between $750 and $5,000 or the substantial risk of public safety impairment. Penalties when convicted of this can include up to five years in prison and fines of up to $10,000.
• Third-Degree Malicious Mischief (RCW 9A.48.090): This is a gross misdemeanor and happens when the property damage is less than $750. Offenders can face up to 364 days in jail and fines of up to $5,000.

To put it in simpler terms, malicious mischief often involves the intent to cause harm or inconvenience. However, you need to be able to distinguish between what is considered an intentional act and what is an accident. Proving malicious intent is the key to the prosecution’s case. Our attorneys can identify weaknesses in their evidence and present a more compelling argument that can highlight these differences.

In addition to the penalties we have outlined, there are some instances where the convicted may have to pay restitution to the victim. This restitution would go toward covering the costs of repairing or replacing any damaged property. The penalties you can face for these crimes can also be worse depending on your prior criminal history or whether the act involved a hate crime or not. All of this can increase the severity of the sentences.

Here’s a closer look at some of the factors that can increase the severity of the crime and result in much harsher penalties:

• If you have a history of criminal offenses, especially if they were violent or similar to the current crimes, you may face a harsher sentence.
• If the crime was committed with a weapon like a gun or a knife, it can then be seen as dangerous and result in tougher penalties.
• If the crime was motivated by racial, religious, or gender-based bias or hate, it can result in enhanced penalties for the convicted.
• If the victim is seen as particularly vulnerable (like the elderly, a child, or a disabled person), this may be seen as an aggravating factor.
• If the crime involved an extreme level of cruelty or torture or resulted in significant emotional harm, it can lead to a more severe sentence.
• If the crime you committed was part of a larger criminal organization or activity, the sentence can be aggravated.
• If you committed the crime while you were already out on bail or probation for another offense, it can increase the penalties you can face in this case.

When it comes to mitigating factors, the court looks at your criminal history, remorse and acceptance of your responsibilities, if you have been diagnosed with any mental health issues, if you cooperated with authorities, or if you were provoked or acted under extreme stress or duress, like you were being threatened.

These are just some of the factors that are taken into consideration during sentencing and can greatly influence whether you receive the maximum sentence possible or get away with the minimum penalty for the crimes.

You should also keep in mind that malicious mischief isn’t just a legal issue. It can greatly impact communities across Western Washington. Some areas see varying levels of property crimes that are influenced by economic and social factors in the area.

According to the Washington Association of Sheriffs and Police Chiefs (WASPC), property crime rates in Western Washington have shown a fluctuating trend, and there are more localized initiatives in place to reduce vandalism and related offenses.

For example, there are community programs that focus on youth engagement as a way to deter vandalism, while other areas find the use of increased surveillance best for higher-risk areas.

We firmly believe that every malicious mischief charge can be successfully challenged in some way. Our legal team has been defending clients against criminal charges throughout Western Washington for decades.

If you or a loved one is facing a malicious mischief charge, you must speak with an experienced criminal defense attorney because they can:

• Investigate the circumstances of your case
• Challenge the prosecution’s evidence and arguments
• Negotiate plea deals or reduced charges
• Advocate for your rights in court

Our attorneys are experienced and aggressive advocates who will fight to keep you out of jail and safeguard your future. Malicious mischief charges carry serious legal and even personal consequences for the offender. However, with the right defense strategy in place, you can overcome these challenges and move forward with more confidence.

A malicious mischief charge is a serious crime and should not be considered just a prank. Depending on certain circumstances, a malicious mischief charge can range from a gross misdemeanor up to a Class B Felony. Beyond simply jail time and a fine, you can expect a conviction to come with an order to pay restitution for the damage done, probation, and a no contact order.

The basic way of violating the law is by maliciously and knowingly causing physical damage to the property of another. Malicious mischief 3° (a gross misdemeanor) is typically charged when the damage done is less than $750. If the value is more than that but less than $5,000, then it is normally charged as malicious mischief 2°, which is a Class C Felony. If the damage is valued above $5,000, it would be a Class B Felony. In a few instances, depending on the damaged item, the value is irrelevant and can result in penalties above what would normally be charged.

If you are facing a malicious mischief charge, it is important to contact an attorney as soon as possible. In some instances, your attorney might even be able to speak with the alleged victim and work out a resolution. If you have questions, contact the Law Offices of Jason Newcombe today for a free consultation with an experienced Washington criminal defense lawyer.