Malicious Mischief in Washington
MALICIOUS MISCHIEF
What is Malicious Mischief?
Malicious Mischief is a charge that relates to the damage or destruction of property, although it may not be clear by the name of the charge. Malicious Mischief property damage is defined by RCW 9A.48.100. Malicious Mischief charges require that the damage was done knowingly and maliciously at a minimum. In Washington State there are different levels of classifications of crimes, with the most serious classifications having the most serious consequences. Malicious Mischief has three different degrees of seriousness, Malicious Mischief in the Third Degree being the least serious, and Malicious Mischief in the First Degree being the most.
What makes Malicious Mischief a misdemeanor or a felony?
It generally comes down to the dollar value of the amount of damage that is allegedly caused. Although there are some circumstances other than the value that can make this charge a felony. See below.
Malicious Mischief in the Third Degree (Gross Misdemeanor) RCW 9A.48.090
If damage is valued at $750 or less
Malicious Mischief in the Second Degree (Class C Felony) RCW 9A.48.080
If the damage is valued at over $750
If damage was done to an emergency, public utility or public transportation vehicle that created a risk of interrupting a public service
If damage was done to a ballot box that created a risk of interrupting public services
Malicious Mischief in the First Degree (Class B Felony) RCW 9A.48.070
If the damage is valued at over $5,000
If damage was done to an emergency, public utility or public transportation vehicle that actually caused an interruption of a public service
If damage was done to a ballot box that actually caused an interruption of public services
If the damage was done to an aircraft or aircraft equipment, and caused an impairment to the safety, efficiency, or operation of it.
Domestic Violence Charges
Malicious Mischief can be charged as a domestic violence charge. This is because there is sometimes a relationship between the person being charged and the alleged victim who owned the damaged property. Domestic violence does not define what the offense is, it only is a designator of a relationship between the parties which can be a dating, roommate, or familial relationship. For a detailed overview of what makes a charge a domestic violence charge, and what the consequences are, please read our article on them, here.
What are the potential consequences of a charge for Malicious Mischief ?
The consequences range in seriousness. Malicious Mischief in the Third Degree, being a gross misdemeanor has the least seriousness consequences, being felonies Malicious Mischief in the Second and First Degree have the most serious; with First Degree being the most severe..
These potential consequences include:
Jail or Prison Time
For a Malicious Mischief in the Third Degree the possible jail time is 0-364 days
For Malicious Mischief in the Second Degree (a class C felony) the possible incarceration time is 0-5 years
For Malicious Mischief in the First Degree (a class B felony) the possible incarceration time is 0-10 years
For felonies there is the possibility of prison time, which is time over one year. Time less than one year would be served at a county jail. Possible prison time varies based on your offender score which is calculated based on the charges you have and your criminal history.
Some alternatives to jail are community service, or electronic home monitoring
Probation or DOC Supervision
For Malicious Mischief in the Third Degree the probationary period is 5 years
For Malicious Mischief in the Second or First Degree, if you are sentenced to prison time, then the Department of Corrections will supervise you after your release for a time period that varies based on your charges and criminal history.
Fines and Restitution
For Malicious Mischief in the Third Degree the possible fines range from $0-$5000
For Malicious Mischief in the Second Degree the possible fines range from $0-$10,000
For Malicious Mischief in the First Degree the possible fines range from $0-$20,000
Restitution is reimbursement to the victim and may vary, it is considered when the victim requests it.
Classes
You may be subject to classes, for example domestic violence classes, anger management or drug and alcohol classes
No Contact Order
Courts commonly issue no contact orders, and can do so even over the victim’s objections
Loss of Firearm Rights
If charged as domestic violence, you can lose your right to possess a firearm for life
Read more about consequences of domestic violence charges here.
WHAT CAN I DO ABOUT A CHARGE FOR MALICIOUS MISCHIEF?
What should I do if I am accused of Malicious Mischief?
If you are being accused of a crime or are subject to a law enforcement investigation, please read more about your options here. Even if charges have not been filed yet, there are things an attorney can do to help. Most importantly, in some cases we can work to stop those charges from being filed. In fact if you are charged with this as a misdemeanor sometimes a compromise can be reached where your case is dismissed if you are able to cover the costs of the alleged damage. If you are in this situation you can schedule a free consultation here.
What should I do if I am charged with Malicious Mischief?
If you have been charged and given a court date, you absolutely will need an attorney’s help to fight those charges. Read more about what to do if you have been arrested here, or charged with a crime here.
What if the alleged victim wants to drop the charges against me?
Sometimes this charge stems from interactions with a friend, partner or family. We have addressed this issue in detail in our article, here. However, the short answer is that the alleged victim cannot make the charges go away. Only the district attorney has control over whether or not charges will be filed, and you will need an attorney’s help to fight them on that. That being said, we can work with the district attorney to stop them from filing charges against you, and tell you how the victim’s participation, or lack thereof, in the case against you can impact your case.
Can I get my case dismissed?
The answer to this question will completely depend on the facts of your case. In any case a dismissal of the charges is the best case scenario, and there are multiple ways of getting one - outright, by completing a diversion program, or by winning a trial. With Malicious Mischief Third Degree there are ways of negotiating a dismissal if you can reimburse the victim for the damages caused.
