Washington DC Criminal Mischief Lawyer
While not one of the most serious criminal charges that you can face in the District of Columbia,
A Washington D.C. criminal mischief lawyer could protect your rights and interests by raising effective legal defenses to a charge of criminal mischief. By throwing doubt on the prosecutor’s case against you, an attorney can help you reach an outcome that you can live with, in your case.
What is Criminal Mischief?
Criminal mischief, also called
Prohibited by D.C. CodeAnn. § 22-303, criminal mischief covers any conduct that maliciously breaks or destroys someone else’s property. This includes personal property, like belongings or even a car, as well as real property, like a house or building. Furthermore, criminal mischief also includes damaging or destroying someone else’s property by setting it on fire.
Attempts Included
One of the most important parts of Washington D.C.’s criminal mischief law is that it can be broken, even if no damage was done. Simply attempting to break or damage someone else’s property can lead to a charge for criminal mischief.
For example, imagine Person A gets angry at Person B and decides to throw a brick through the window of Person B’s home. Even if the brick misses Person B’s window and bounces harmlessly off the side of the house, leaving no mark whatsoever, Person A can still be charged with criminal mischief.
Penalties for a Conviction for Criminal Mischief
The penalties that come with a conviction for criminal mischief in Washington D.C. depend on the value of the property implicated in the accusation.
If the value of the property is $999 or less, then the penalties include up to 180 days in jail, as well as a fine of up to $1,000.
If the impacted property was worth $1,000 or more, though, the penalties increase substantially. A conviction in these cases comes with up to ten years in jail, as well as a fine of up to $5,000.
First-time offenders of criminal mischief, however, may be eligible for a diversion program that requires community service in lieu of other sanctions. This often requires pleading guilty to the crime, though, so making this decision should not be taken lightly.
Defending Against a Charge of Criminal Mischief
There are several arguments and defenses that can be made against an allegation of criminal mischief.
One of the most effective is often that it was someone else who did the deed. The prosecutor has to show that it was the person charged with the crime who actually committed it. Showing that it was someone else can doom their case.
While it is often fruitless to show that no damage was done to the property, challenging the value of the property can make a huge difference in the severity of the offense. Proving that the value of the property was below the all-important threshold of $1,000 can drastically reduce the penalties on the table.
Finally, the prosecutor needs to prove that the mischief was done “maliciously,” or with “specific disregard” to the risk of harm. This is a high standard and requires the prosecutor to show that the damage was not just an accident or mistake.
Washington DC Criminal Mischief Attorneys
Being charged with criminal mischief in the District of Columbia can be a terrifying ordeal, especially considering the possible jail sentence. The thought of defending against the charge, however, can be overwhelming.
Hiring a Washington D.C. criminal mischief lawyer can help you raise the legal defenses that prove your innocence, reduce the severity of the charges, or ensure an outcome in your case that you can accept.