Can Criminal Mischief Charges Be Dropped? How To Check 100%

Can criminal mischief charges be dropped?

When facing a potential criminal mischief charge, the first thing anyone should do is check to see if the charges can be dropped and run a background check on themselves to ensure that no record of the charges remain.

Most criminal mischief results from pranks gone wrong and is defined as causing damage or defacing someone’s property through negligent, reckless, or intentional actions.

When convicted, criminal mischief charges go on a person’s criminal record, which may be hindrances to their future employment prospects. But, it is possible to get the charges dropped.

The following guide explains when criminal mischief be dropped, and outline how to check criminal records completely, so that you can know your record is clean.

Criminal Mischief Examples

Criminal mischief is a giant term relating to offenses that involve property belonging to someone else. Criminal mischief is similar to damage to property, vandalism, or malicious mischief, depending on the state.¹

The amount of damage and the intent of the charge determines its severity. Criminal mischief can be defined in the following ways:⁴

• Damaging someone’s property using dangerous means such as explosives, fires, etc., either negligently, intentionally, or recklessly.
• Tampering with someone’s property recklessly or intentionally in a way that endangers the property or the person.
• Recklessly or intentionally leading another person to suffer pecuniary loss either by threat or deception.
• Damaging or defacing property with devices such as paint, markers, or graffiti, among others.
• Damaging someone’s property intentionally.
• Defacing property using a paintball gun or paintball marker.

Criminal mischief has several degrees depending on the extent of the harm. The more serious degrees will be awarded much higher consequences.

Criminal mischief charges are categorized differently in every state, and are usually dictated by the monetary amount of damage caused.

Criminal mischief examples include criminal mischief misdemeanors and criminal mischief felonies.

Criminal mischief examples include:

• Keying a vehicle
• Tampering with a grave
• Meddling with home security or alarm systems
• Starting a fire
• Altering paint on a vehicle, including removing paint
• Tampering with a firehouse
• Removing or Altering signs
• Egging a car or home
• Any sort of graffiti
• Breaking into an office, home, or business
• Slashing tires on a vehicle
• Meddling 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

Criminal Mischief Misdemeanor

In Florida, if the property’s value is less than $1000, the criminal mischief will be considered a first or second-degree misdemeanor. The convicted person might face the following consequences:

• First-Degree: property damage amounts to more than $200, and less than $1000 will incur a punishment of up to 12 months in jail.
• Second-degree: Property damage under $200 will incur a punishment of up to 60 days in jail.

It is important to note that criminal mischief misdemeanor convictions vary from state to state. For example, criminal mischief misdemeanor in Pennsylvania is categorized as a misdemeanor charge or a summary offense.

Is Criminal Mischief a Felony?

In Florida, if the property is more than $1000, then the criminal mischief will be categorized as a third-degree felony charge which will incur a jail term of close to five years.

The penalties for criminal mischief charges also vary from state to state, but can be accessed by searching for the information in the state legal library.

Criminal mischief felony convictions vary from state to state; for example, in Pennsylvania, a third-degree felony conviction is punishable by up to $15,000 in fines and a seven-year prison sentence.

How To Prove Criminal Mischief

Proving criminal mischief depends on the amount of damage done and the exact intent, which is subjective. Therefore, there are several possible defenses to being charged with criminal mischief.

It’s important to note that an arrest is not a conviction. The prosecutor has to prove the criminal mischief charge. For a conviction to occur, the prosecutor must categorically prove that:

• The suspect damaged the property
• The alleged victim owns the damaged property
• The defendant willfully and maliciously damaged the property

The main cost in criminal mischief cases is paying restitution. Here, the defendant can argue the damaged property’s value to reduce the charges. For example, a misdemeanor can be reduced to a summary offense in Pennsylvania.

According to the Montana Code criminal mischief has a standard fine of no more than $1500, a jail term, and restitution.⁵

How To Defend Criminal Mischief

Can criminal mischief charges be dropped? Yes, if the defendant provides proof against the allegations. The most common ways to defend against criminal mischief include but are not limited to the following:

Lack of intent: here, the defendant proves that the damage was accidental rather than willfully or malicious. It’s important to note that if this defense is successful, the defendant will still have civil liability for the damage caused.

The defendant did not commit the crime: in this case, someone else may have caused the damage, or the defendant was just a passerby. The prosecution has to prove beyond reasonable doubt that the defendant damaged the property, and there are many ways to navigate this.

Reduce the financial damage value: if the prosecution can’t prove the loss, then the defendant can lower the charge to a summary offense or make it law enough so that it wasn’t a crime at all.

A few other long-shot defenses include:

• If the damaged property belongs solely to the alleged victim
• If the defendant has an acceptable justification for their conduct.

Does Criminal Mischief Stay on Your Record?

Vandalism and other forms of criminal mischief can incur very severe penalties. Anyone accused of criminal mischief should take it seriously, as it can result in a criminal record, suspended license, or jail time.

The punishment depends on the type of charge. Criminal mischief misdemeanors and felonies will definitely stay on your record.

In most states, if a person has been charged with criminal mischief misdemeanor, then the sentence could be probation, a fine, or a short jail term. On the other hand, if they are charged with criminal mischief felony, they are likely to be sentenced to several years in prison. Both cases will also include restitution for the damaged property.

How Is Restitution for the Damaged Property Determined?

Restitution means paying for the financial harm caused by criminal mischief. The prosecution will calculate the amount of loss while, at the same time, proving beyond reasonable doubt that the defendant caused the loss.

The amount of loss is calculated the same way as damage in a car accident. The victim whose property was destroyed will be awarded repair costs. In a case where the guilty party damaged the item beyond repair, or the repairing cost exceeds the item’s value, the victims are entitled to receive the item’s worth before the criminal mischief occurred.

Some states provide restitution options for anyone wondering can criminal mischief charges be dropped if you pay for the damage.

If the mischief did not result in a total loss, then the victim is not entitled to get the item’s current full value. The determination of repair costs is often left to appropriate repair professionals. Sometimes, if the destruction only involves a part of a larger item, the repair cost will be an estimate of the price of the replacement part.

Additionally, the current value of the damaged property can be obtained by examining the price in the market of other similar items or insurance claim guidelines. The battle in court will involve the prosecution showing evidence of the amount of loss while the defense showing evidence that supports a lower loss amount.

Can Criminal Mischief Charges Be Dropped in Pennsylvania?

In Pennsylvania, criminal mischief is categorized into multiple degrees depending on the amount of harm caused according to the Title 18 – PA General Assembly.⁶ These degrees include:

• Third-degree felony: In this case, the crime is intentional and leads to a loss or damage that exceeds $ 5,000. The repercussions may include a verdict of up to seven years in prison and a fine of approximately $15,000. Additionally, a third-degree felony will include any intentional act that leads to significant impairment or interruption of transport, communication, or other public services. This also includes interruption of gas, power, water, or electricity supply.
• A second-degree misdemeanor is when criminal mischief damage exceeds $1000 but is less than $5000. The repercussions may include a verdict of up to two years in jail and a $5000 fine.
• Third-degree misdemeanor: this is a criminal mischief crime that causes loss or damage above $500 and carries a $2,500 as well as a sentence of up to a year in jail. Moreover, a graffiti offense that results in a loss of $150 can also be a third-degree misdemeanor.

Summary offense refers to criminal mischief that accrues less loss than a misdemeanor. Usually, the penalty is a $300 fine and a 90-day jail term. In this case, the criminal mischief charge can be dropped completely and will not appear on the offender’s record.

Can Criminal Mischief Charges Be Dropped in New York?

Just like Pennsylvania, New York has multiple degrees of criminal mischief, including:

• Third-degree: this is an E class Felony. The damage to the property does not exceed $250. This crime carries a sentence of either a 4-year prison term or a 5-year probation term, as well as restitution.
• Second-degree: In this case, the damaged property or loss exceeds $1500. This is a D class felony with a maximum verdict of a 7 year prison sentence, together with compensation for the damage caused.
• First-Degree: This is a B class felony with a maximum verdict of 25 years in prison. An example of first-degree criminal mischief is using an explosive to destroy a person’s property. The defendant will incur felony arson and criminal mischief charges in this case.

Criminal mischief in the first degree in New York is a class B felony charge.

Criminal mischief charges cannot be dropped in New York once the cases have been filed and there is enough proof. The offender can only opt for alternative programs that prevent the charges from getting into their criminal records.

Criminal Mischief Statute of Limitations: Laws for All 50 States

Statutes of limitations refer to the time limits the prosecutors have for filing criminal charges. The severity of the crime determines the time limits. Very severe crimes, such as violent crimes (capital murder, etc.), do not have statutes of limitations.

Criminal mischief charges that fall under felonies or misdemeanors have statutes of limitations that vary from state to state. For instance, in New York, the statute of limitations for most felonies is five years.

In comparison, misdemeanors and petty offenses have two years and one-year statute of limitation periods, respectively. Therefore, since most criminal mischief charges fall under felonies in the state, the general statute of limitation is five years.

Can Criminal Mischief Charges Be Dropped in State?

The first step in setting your record straight is to learn how to conduct a self-background check. A second-tier background investigation will reveal specific details of a person’s criminal history, including outstanding charges. Most states allow for criminal records to be sealed or expunged.

Criminal mischief charges can be dropped through a pre-trial diversion.

Pretrial diversion programs can help get criminal mischief charges dropped, and is especially used for first time offenders.

The mischief charges may be dropped if the defendant chooses one of several pre-trial diversion options, such as alternative measures programs and mental health diversion.

Suppose this is the offender’s first or second crime with no more than two charges within two years, and the criminal mischief was relatively modest. In that case, the alternative measures program might be a successful option for them.²

If the accused is not offered a pre-trial diversion option, additional sentencing options are available, some of which may even allow one to avoid a criminal record. For instance, a person may be a strong candidate for discharge depending on the specifics of the criminal act and their circumstances at the time of the offense. Following a mischief conviction, one may apply for one of two discharges:

• An absolute discharge: Although these types of releases are extremely uncommon, a person will be permanently and immediately cleared of all charges if they are granted.
• Conditional discharge: If granted, this sort of discharge requires the recipient to adhere to all probationary conditions for a predetermined amount of time.

One will be permanently absolved of their offense if they successfully comply with the terms for the time frame that they are established. It should be noted that one can only apply for a discharge after pleading guilty or being proven guilty of the offense.

An absolute discharge will only appear for one year on criminal record checks, as opposed to a conditional discharge, which typically appears for three years and can negatively impact a person’s ability to travel and find work.

Criminal Trespass Penalty

According to the Washington state legislature, when someone enters a property knowing they don’t have permission to be there or stays on a property after finding they don’t have permission to be there, they are committing criminal trespass.⁷

Once the trespasser has disregarded some notice informing them that they are no longer welcome on the land, they will face trespassing fines on either public or private property. Before charging someone with criminal trespass penalty, take into account the following:

Intent. To engage in criminal trespass, one must either enter a property knowing they do not have permission to be there or continue to do so after discovering they do not have permission to be there. Hikers who unintentionally stray onto someone’s property while out on the trail may be charged with civil trespass.

Notice or Warning. Many state laws explicitly mandate that before a trespass conviction is handed out, there must be a warning sign stating that one is not permitted to be on the land. Although the property owner has the authority to ask a trespasser to leave, many states allow them to do so instead by appropriately erecting a sign that reads “No Trespassing” around the perimeter of the fence.

Specific action: Different states define trespassing broadly and list particular behaviors that constitute the offense. Criminal trespass can take many forms, such as cutting down trees, hunting on another person’s property, getting into or staying in a car without the owner’s permission, or even messing with vending machines.

Misdemeanor Penalties for Trespassing

Most trespassing violations are low-level offenses that are classified as misdemeanors. Typically, the penalties for this criminal trespass include a jail sentence of at least one year and fines.

Jail. Contrary to state rules that permit courts to impose a jail term for trespassing, convictions that result in jail time are not typical. Most guilty trespassers face potential prison terms of several days to several months. The jail term’s potential length increases with the offense’s severity (closer to a year).

Fines. The most frequent punishment for trespassing is paying a fine. Fines may be issued in place of or in addition to jail terms.

Trespassing fines can range greatly, from as much as $5,000 to as little as $500.

Trespassing fines are determined by state legislation and the specifics of the offense, and according to the law, courts may impose a variety of fines, just like they might for jail time. For instance, a fine for trespassing could be as high as $1,000 or as low as $25.

Probation. Trespassing offenders may potentially be sentenced to probation. Although they may last longer, probation periods are normally shorter than a year. When placed on probation, a person must abide by several rules, including paying all penalties and court fees and abstaining from breaking any other laws.³ Any broken requirements might result in additional punishments like a longer probationary period or a jail sentence.

If the interested party is a victim of Criminal Mischief, they should learn how to determine if someone is under probation because the suspect’s criminal history may affect the verdict.

If the defendant reduces the charge to a summary offense, the Criminal Mischief charge can be dropped.

Felony Penalties for Trespassing

In some situations, one might be subject to felony punishment. The States often reserve felony punishments for the most egregious trespass offenses. Examples are places where there is a possibility of causing harm to others.

Trespassing onto a vital piece of infrastructure, inside an occupied house, or near where emergency personnel are working, are a few examples of this.

Trespassing felonies often carry sentences of up to a few years in jail and are considered low-level offenses. It is unlikely that the criminal will do time in prison unless the crime caused substantial harm or unless they are a repeat offender. Instead, they can be subject to probationary conditions and jail time.

Difference Between Criminal Trespass and Defiant Trespass

When identifying the differences between criminal trespassing and defiant trespassing, much will depend on the state where the offense occurred. However, there are some general indicators that define each.

Defiant Trespass

When someone enters or remains in a location where there is a clear prohibition against trespassing, or they are neither authorized nor permitted to do so; this is known as defiant trespass. A defiant trespasser violates the law even after receiving direct notification from the owner or occupier asking them to stay off their land.

It may be inferred that the trespasser ignored the warnings or used intimidating or threatening language or gestures to gain access to the property. The property in question could be anything from a person’s home to a school’s grounds.

Criminal Trespass

Contrarily, criminal trespass often refers to entering another person’s property without their consent. However, the crime is more complicated than simply being in an illegal place without a permit or other authorization. Criminal trespass would involve scaling a barrier with a sign that reads “No Trespassing”.

Criminal trespassing is not the same as criminal mischief charges, and have usually reduced penalties.

Criminal trespass can also take the shape of chopping down trees, hunting without permission on someone else’s property, or even messing with vending machines. It may also involve getting into or staying in a car without the owner’s consent.

Civil Trespass

One last form of trespass is civil trespass. This is where one unknowingly enters someone’s property or land without permission. It’s also known as Regular trespassing, where one enters or accesses someone else’s property without legitimate consent.

However, one may not be aware that they are on someone else’s property at the time of the act. This knowledge is crucial in defining the difference between civil or regular trespass and criminal trespass.

To summarize, criminal mischief occurs when a person damages property belonging to someone else. There are different degrees of criminal mischief charges depending on the extent of the damage.

The repercussions may involve a prison sentence, a fine, restitution, or a criminal record. Can criminal mischief charges be dropped, yes, using a full-proof defense in court, obtaining a reduced charge, or enrolling in a pre-trial diversion program.

Frequently Asked Questions About Can Criminal Mischief Be Dropped?