Since 1948, CCD Law has defended the rights of people in Spokane. Being charged with a crime doesn’t mean you’re guilty, but it’s important to protect your rights–no matter what the charge is. If you’re in a situation where you’ve been charged with malicious mischief, it can get confusing. That’s where our team can step in and help. Contact us today to set up a consultation to explore your options.
Why Would You Need a Defense Lawyer?
“Malicious mischief” might not be as serious as other charges, but it’s something that can still disrupt your life. A situation where you’re charged with malicious mischief can also be frustrating, but like any other legal issue you run into, you might be wondering if you need a defense lawyer.
The answer is usually yes. Basically, your freedom could be at stake with potential jail time. Our team can help you in this situation, though:
- Explaining your options
- Investigating what happened
- Helping gather evidence or statements in your defense
- Representing you in court
Just like any situation, having a lawyer can be very important for your defense. You never know when a bad decision could lead to you potentially facing criminal charges. Our experienced team can help you, though.
How is Malicious Mischief Punished in Washington?
Washington is not all that different from other states when it comes to how they punish “malicious mischief.” In terms of a definition, malicious mischief involves:
- Knowingly damaging or destroying property.
Washington divides malicious mischief into three categories:
- First degree – A Class B felony, first degree malicious mischief carries the heaviest penalties. It involves property damage over $5,000 or something that significantly disrupts public services (like power or emergency services). It carries a penalty of up to 10 years in prison, a fine up to $20,000, or both.
- Second degree – Second degree malicious mischief is a Class C felony, and involves property damage of between $750 and $5,000. It can also involve causing a substantial risk to public safety. You could be facing up to 5 years in state prison, a fine up to $10,000, or both.
- Third degree – This covers property damage under $750, and is considered a gross misdemeanor charge. This is the lowest charge, so you could be facing at least 364 days in jail or a fine of up to $5,000.
Even with these punishments, it’s important to understand what usually brings about a charge of malicious mischief:
- Vandalizing property – Probably the most common type of charge, this involves spray-painting graffiti on someone’s house, car, or public spaces without permission.
- Damaging vehicles – Doing things like breaking car windows, slashing tires, or scratching the paint on someone else’s car can lead to a charge.
- Breaking windows – Similarly, throwing rocks or objects at windows of homes, businesses, or schools to cause damage also leads to malicious mischief charges.
- Tampering with utilities – If you knowingly damage power lines, water pipes, or emergency equipment, you will likely face a malicious mischief charge.
- Harming public property – Along the same lines, breaking park benches, playground equipment, or other public facilities will get you charged with malicious mischief in a lot of cases.
- Destroying personal items – Breaking someone else’s belongings, like smashing electronics, tearing clothes, or damaging furniture on purpose will land you with a charge.
Every situation is different, but the reality is that any of the following things will likely cause you to be charged. Then, depending on the severity of the damage, these charges can be fairly wide-ranging.
How Do We Defend Malicious Mischief Charges?
When there’s a malicious mischief charge, you have to remember that you have rights and options. Mainly, you have the right to be defended against the charges in court, and it’s here that our experienced team can really help you.
We approach every case with the same commitment, but also tailor it to your specific needs. When it comes to malicious mischief, here’s how we typically defend against these charges:
- Lack of evidence – For you to be found guilty, there has to be solid proof that you caused the damage. If the evidence isn’t strong enough–like blurry surveillance footage, unreliable witness accounts, or weak forensic details—your lawyer can argue that there isn’t enough proof to link you to the crime. If the evidence is shaky, your lawyer might get the charges reduced or dismissed.
- Mistaken identity – Mistaken identity means someone incorrectly identified you as the person who caused the damage. This could happen if someone looks like you or if witnesses were unsure of what they saw. Our lawyers can help show that you weren’t the person involved by highlighting inconsistencies in witness stories or finding evidence that suggests someone else might have done it.
- Proving your whereabouts – If you can show that you were somewhere else when the damage happened, it’s a strong defense. An alibi could include receipts with times, video footage, or reliable witnesses who saw you elsewhere. By proving you weren’t there, we can create doubt about your involvement in the incident, which could lead to the charges being dropped or you being found not guilty.
- Lack of damage – Minor incidents might not meet the actual legal requirements for malicious mischief if the damage to the property isn’t as bad. If it’s possible to show the damage was minimal or non-existent, charges may be reduced or dropped.
Again, we work hard to make sure you’re treated fairly in the legal process. On your end, though, the best thing you can do is be honest with us up front. That lets us paint an accurate picture of what happened, and can also allow us to present your strongest possible defense.
Contact CCD Law Today For Experienced Malicious Mischief Defense
When you’re charged with malicious mischief in Spokane, it can be pretty scary. Any situation where you face jail time or fines means your freedom is at stake. Our experienced criminal defense lawyers at CCD Law will be there to support you. Contact us for a consultation if you’re facing malicious mischief or any other criminal charges.
