Criminal mischief in Pennsylvania involves damaging another’s property and a conviction comes with serious consequences. Depending on the damage’s value, penalties range from fines for a summary offense to felony prison time and a permanent criminal record. Read on and work with a skilled Blue Bell criminal defense lawyer for experienced legal advice today.
What is Criminal Mischief?
Criminal mischief generally refers to property crimes that involve purposeful or reckless damaging of another person’s property without authority. Common examples include graffiti, keying a car, smashing windows, slashing tires, and tampering with signs.
Under Pennsylvania Consolidated Statutes Title 18 Section 3304, a person is guilty of criminal mischief if he:
- Damages tangible property of another intentionally, recklessly, or by negligence in the employment of fire, explosives, or other dangerous means listed in section 3302(a) of this title (relating to causing or risking catastrophe);
- Intentionally or recklessly tampers with tangible property of another so as to endanger person or property;
- Intentionally or recklessly causes another to suffer pecuniary loss by deception or threat;
- Intentionally defaces or otherwise damages tangible public property or tangible property of another with graffiti by use of any aerosol spray-paint can, broad-tipped indelible marker or similar marking device;
- Intentionally damages real or personal property of another; or
- Intentionally defaces personal, private or public property by discharging a paintball gun or paintball marker at that property.
If there is evidence of any of the above actions, you can be convicted of criminal mischief in Pennsylvania.
Is Criminal Mischief a Misdemeanor or Felony in PA?
Criminal mischief can be considered either a misdemeanor or a felony, depending on the details of the offense. The most notable factor is the monetary value of the damage done. Consider the following.
- Third-degree felony: Intentionally causing pecuniary loss in excess of $5,000, or a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service.
- Second-degree misdemeanor: Intentionally causes pecuniary loss in excess of $1,000.
- Third-degree misdemeanor: Intentionally or recklessly causes pecuniary loss in excess of $500 or causes a loss in excess of $150 for a violation of subsection 4, as listed above.
Summary offense: All other convictions.
What Are the Consequences of a Criminal Mischief Conviction in PA?
The penalties for a criminal mischief conviction in Pennsylvania vary significantly based on the grading of the offense. As established, this crime can range from a summary offense to a third-degree felony, which directly correlates to the severity of the consequences.
For a summary offense, a conviction typically results in a fine and potentially restitution to the victim. However, once the crime is graded as a misdemeanor or felony, the penalties become much more severe, including potential incarceration and hefty fines.
A third-degree misdemeanor can result in up to one year in jail and a fine of up to $2,500. A second-degree misdemeanor increases the maximum jail time to two years and the fine to $5,000. For the most serious offense, a third-degree felony, a conviction carries a maximum sentence of seven years in state prison and a fine of up to $15,000.
Besides these penalties, a conviction will result in a permanent criminal record, impacting future employment, housing, and educational opportunities. Restitution is also commonly ordered.
