What Is Criminal Mischief?

In Kentucky, criminal mischief is taken very seriously. It is a stand-alone crime that often involves property damage or vandalism. Many people charged with criminal mischief are also accused of other crimes, like trespassing or breaking and entering. 

Criminal mischief can be either a misdemeanor or a felony, depending on the value of the destroyed property. The higher the value, the more serious the charge. You should always consult with a lawyer if you are charged with criminal mischief so that you have the best chance to avoid a conviction. 

Definition Of Criminal Mischief

Definition Of Criminal Mischief

Criminal mischief is a type of property crime. To prove criminal mischief, the prosecution must show that the defendant:

  • Intentionally or wantonly
  • Defaced, destroyed, or damaged
  • Another’s property 

The government must have enough evidence to prove each element beyond a reasonable doubt. Evidence could include:

  • Photographs
  • Eyewitness testimony
  • Surveillance footage
  • Physical evidence like fingerprints or DNA

Beyond a reasonable doubt means that at the end of the trial, no juror has any doubt that the defendant committed the crime. This is a very heavy burden and is higher than in civil cases.

Types Of Criminal Mischief

Furthermore, there are three different types of criminal mischief recognized in Kentucky. The classification depends on the value of the damaged property. 

The penalties for criminal mischief differ depending on the severity of the charge. Criminal mischief in the 1st degree is the most serious version of the crime, and criminal mischief in the 3rd degree is the least serious. However, each type carries potential jail time and has significant consequences for those convicted. 

Common Examples of Criminal Mischief

Many behaviors can warrant a criminal mischief charge. Criminal mischief is commonly committed by teenagers and juveniles. Some of the most common examples of criminal mischief include:

  • Graffiti or tagging public areas like bridges, buildings, or signs
  • Breaking windows
  • Keying a car
  • Intentionally damaging the interior of a rented home
  • Defacing a monument
  • Damaging another’s computer, phone, or other electronic 

While these are common examples, criminal mischief can include damaging any type of property.

Penalties For Criminal Mischief In Kentucky

The consequences of a criminal mischief conviction depend on how it is charged. Typical penalties are as follows: 

Criminal Mischief 1st Degree

Criminal mischief in the 1st degree is a Class D felony. It carries a prison sentence between 1-5 years. Additionally, you may be ordered to pay restitution and be placed on probation after serving your sentence. Since it is a felony charge, there are also collateral consequences, including losing the right to vote, own or possess a gun, and eligibility for certain government assistance.

Criminal Mischief 2nd Degree

Criminal mischief in the 2nd degree is a Class A misdemeanor. It carries up to 1 year in jail and a $500 fine. Just like with felony criminal mischief you will probably be ordered to pay restitution and could be placed on probation. 

Criminal Mischief 3rd Degree

Criminal mischief in the 3rd degree is a Class B misdemeanor. You can only receive up to 90 days in jail and a $250 fine. However, you will be ordered to pay restitution.

Defenses To Criminal Mischief Charges

Luckily, there are many defenses to criminal mischief charges. A criminal defense attorney will work hard to identify all viable defenses in your case. Sometimes, you may not know what defenses are available before consulting with a lawyer. In fact, you could have more than one defense working in your favor, such as:

Ownership

A critical element of criminal mischief is that the defendant did not own the property. A person can legally destroy or deface their property. If you can prove that you owned the property and had a legal right to do with it what you wanted, then you cannot be convicted of criminal mischief.

Another common defense is consent. Imagine that you are hired to paint a mural, for example. If the property owner hired you but then claimed that you defaced their property, you cannot be convicted because you had consent.

Mistaken Identity

A lot of criminal mischief happens at night. Sometimes, the act is caught on surveillance cameras. It can be difficult for an eyewitness to identify a perpetrator in the dark. You could argue that the police got the wrong person, and therefore, you aren’t guilty.

Accident 

You need to intentionally or wantonly commit criminal mischief. If you accidentally break or destroy another person’s property, you cannot be held criminally liable. You may be civilly liable for the cost of the damage, but you won’t be at risk of going to jail. 

No Financial Loss

A critical element of criminal mischief is that there was a financial loss, specifically, that the property had value. If the property has no value, you could avoid a conviction. Furthermore, if you are charged with criminal mischief in the 1st or 2nd degree, the charge may be reduced if the prosecutor can’t show the property value. 

Constitutional Violations

Every person charged with a crime has constitutional due process rights. When the police and prosecutors disregard these rights, there are consequences. The consequences depend on what right was broken and how it happened. 

A constitutional violation could result in:

  • Dismissal of all charges
  • Exclusion of the defendant’s statements
  • Exclusion of evidence 
  • Reduction of charges 

These consequences could make the prosecutor’s case much more difficult, or even impossible, to prove.

Contact a Criminal Defense Lawyer For Help

Criminal mischief charges can have significant and far-reaching consequences. The best way to identify the strongest defense in your case is to consult with a criminal defense attorney. You should speak with them sooner rather than later so that they have time to collect the most compelling evidence and build a rock-solid case in your favor.

It’s crucial to work with an experienced attorney to develop an effective defense strategy. If you require assistance, feel free to reach out to Suhre & Associates DUI and Criminal Defense Lawyers at (502) 371-7000 to arrange a free consultation with one of our criminal defense attorneys.