Criminal Mischief

People generally think of Criminal Mischief (N.J.S.A. 2C:17-3) as a property crime in New Jersey, but the truth is that there are circumstances under which it can be a deadly serious charge.

There are three distinct sets of conduct specified in the law.

If they result in a person’s death, it will prompt a second degree charge of Criminal Mischief, which can send you to prison for five to ten years, result in fines of up to $150,000, and leave you open to civil litigation for wrongful death and other damages.

If you interrupt public communications, transportation, or public services, and that interruption results in a death, you’re in this category.

Same for tampering with airport signaling devices that allow for safe air travel, or for damaging airfields, helipads, runways, and similar.

Criminal Mischief is fundamentally a property crime, but under these sections of the statute, the type of property that’s being damaged matters, and so does the outcome of the property damage.

You don’t want to go to jail for as long as a decade or live with a felony conviction for the rest of your life.

You need experienced legal help to find creative approaches to minimize your risks of serious penalties. Call Matthew Reisig today at 732-625-9661 and talk to an experienced New Jersey criminal defense attorney for free.

Being charged with second degree criminal mischief is a serious obstacle.

Criminal Mischief (N.J.S.A. 2C:17-3) is usually thought of as a form of property crime, and is often charged as a disorderly persons offense in municipal court. This is comparable to a misdemeanor in other states.

There are, however, three circumstances spelled out in the law where Criminal Mischief will be charged as a high level felony (felonies in New Jersey are called ‘indictable offenses’), as spelled out below:

• If a person damages, removes, or impairs the operation of devices that regulate air traffic safety at an airport, and the conduct recklessly results in someone’s death, the charge is a second degree crime.
• If a person tampers with an airstrip, landing field, heliport, or other aviation landing zone and the conduct recklessly results in someone’s death, the charge is a second degree crime.
• If a person knowingly causes a significant interruption or impairment of public communication, transportation, or services and the conduct recklessly results in someone’s death, the charge is a second degree crime.

These are tightly worded circumstances. The use of “reckless” is significant in legal language.

One way that conduct is evaluated in a criminal matter is by the intentionality of the act. This is whether or not someone intended to do something.

For instance, a person who plans out a killing and then does so will be charged with murder, because the statute applies when one “purposely” or “knowingly” causes death or serious injury that leads to death.

On the other hand, a person whose conduct is not intended to result in a death but does so can be charged with manslaughter rather than murder.

The NJ manslaughter statute specifies that a death that occurs “recklessly” and without intention, can still be a criminal homicide, but the lack of intention is what separates manslaughter from murder.

To bring the illustration back to Criminal Mischief in the Second Degree, the reason why the statute is so dangerous for a defendant is that by specifying that “recklessly” causing a death in particular circumstances is a crime means that you cannot argue that you didn’t mean to do it.

That’s the point – your conduct was unlawful, reckless, and it led to a tragic outcome.

If you’re convicted of Criminal Mischief in the Second Degree, you could spend the next decade in prison.

You need a good lawyer to get through this.

If you’ve been charged with Criminal Mischief in the Second Degree under 2C:17-3, call Matthew Reisig today at 732-625-9661 for a free consultation with an experienced New Jersey criminal defense attorney.

Broadly defined, Criminal Mischief (N.J.S.A. 2C:17-3) in New Jersey is the crime of purposely or knowingly damaging another person’s property, recklessly damaging another person’s property through the use of fire or explosives, or tampering with another person’s property in a way that endangers people or property.

The statute also specifies that a tenant who damages or destroys a rental property in retaliation for eviction proceedings is committing Criminal Mischief.

The crime can be graded several ways, so it is possible to be charged with Criminal Mischief in the Third Degree, which carries a longer possible prison sentence and higher fines, or even in the second degree.

If you’ve been charged with Criminal Mischief in the Fourth Degree, you may benefit from a presumption of non-incarceration if you have a relatively clean record.

Conviction would carry penalties that include up to 18 months in prison, fines of $10,000, and of course restitution for the costs of whatever property was damaged.

An experienced New Jersey defense attorney can make a big difference in your case, from negotiating a better outcome, to having charges reduced or dropped, or presenting a strong, comprehensive defense case during trial.

You won’t know your options if you don’t get the right kind of help.

MatthewReisig has been defending people in New Jersey facing serious criminal charges for nearly 20 years.

Call 732-625-9661 today for a free consultation.

New Jersey’s domestic violence law creates an additional layer of protection for certain categories of victims of certain qualifying crimes.

What To Expect If You’ve Committed A Qualifying Offense Such As Criminal Mischief

Basically, if you commit a qualifying offense like Criminal Mischief (N.J.S.A. 2C:17-3) against a person like a spouse or ex-spouse, someone you share a child with, a roommate or former roommate, or a girlfriend or boyfriend, you will be charged with a domestic violence crime, which can lead to immediate ramifications like protection orders (which can force you out of your home), immediate confiscation of firearms by the police, and more.

Criminal Mischief is a property crime, and if police have evidence that, say, you engaged in a fight with your spouse and smashed your spouse’s tablet computer, even accidentally, you can be charged with Criminal Mischief as a domestic violence crime.

The impact of a domestic violence case can be devastating to you and your family, and the blowback can affect your reputation and your career.

Don’t take this event lightly.

Call attorney Matthew Reisig today at 732-625-9661 and talk to an experienced New Jersey Domestic Violence and Criminal Mischief attorney for free.

In New Jersey, one of the ways that damage or tampering with another person’s property is punished is through the charge of Criminal Mischief (N.J.S.A. 2C:17-3).

In a Criminal Mischief case, the prosecution alleges that you purposely or recklessly damaged another person’s property, or that you tampered with another person’s property in a way that poses danger to them or their property.

The severity of the potential criminal mischief penalties are scaled to the value of the property in question.

For property valued at under $500, the crime is charged as a Disorderly Person Offense, carrying a potential sentence of six months in jail.

If the value of the goods is more than $500 but less than $2000, it is a Fourth Degree Crime, with a potential sentence of 18 months in state prison.

For damaged property in excess of $2000, you’ll be charged with a Third Degree Crime, and face between 3-5 years in state prison.

These penalties only apply if you are convicted.

In many cases, you have numerous options, and an experienced New Jersey Criminal Mischief attorney can help you develop the best strategy to limit your exposure.

Call attorney Matthew Reisig today at 732-625-9661 for a free consultation with an experienced New Jersey Criminal Mischief defense attorney.

Criminal Mischief in New Jersey (N.J.S.A. 2C:17-3) is a charge related to property damage caused either through recklessness or a purposeful and knowing act.

This can happen in a number of ways, from a domestic dispute where an angry spouse breaks the other’s cell phone, to a standard fight where one party damages another’s property.

Tampering with another person’s property in a way that poses a risk to them or their property also falls under the Criminal Mischief umbrella in New Jersey.

Penalties for Criminal Mischief are based on the value of the property that is damaged or tampered with, and the charge can be graded from Disorderly Person Offense all the way to a Third Degree Crime, with a potential sentence of 3-5 years in state prison.

Criminal Mischief is a serious charge in New Jersey that should be taken seriously by those facing it.

Attorney Matthew Reisig defends clients in all New Jersey counties from Criminal Mischief charges.

Call 732-625-9661 today for a free consultation with an experienced New Jersey Criminal Mischief defense attorney.