Criminal Mischief Charges – Penalties in Pennsylvania

What Happens When Charged with Criminal Mischief in PA?

Pittsburgh Criminal Lawyers Explain Your Rights

Sometimes what seems like a prank or something fun to do can end up creating a lot of havoc – especially if you get caught by law enforcement officials.

Spray painting graffiti or vandalizing someone’s home could cause you to be charged with Criminal Mischief. If convicted of these charges, you would have a criminal record, which can make many things in life difficult – including finding a job, obtaining housing or being admitted to a college or university. A criminal record is available for anyone conducting a background check, like a potential employer, landlord or the college admissions office.

A Criminal Mischief conviction, depending on the value of the property defaced or destroyed, can be graded as one of the following: a summary offense, a misdemeanor, or a felony.

A summary offense may come with a small fine and seem like a small price to pay, but not if it stays on your record and restricts your freedom for years to come.

A misdemeanor or a felony can mean a prison sentence and huge fines to pay. For example, a third degree felony conviction means up to seven years in prison and a $15,000 fine, not including restitution.

If you are convicted of criminal mischief, you could face jail time, probation, fines and restitution of the property that was damaged.

An Arrest is Not a Conviction.

If you were charged with criminal mischief, that does not necessarily mean you will be convicted. It always a good idea to speak with a criminal attorney about your case to see your available options for defending your rights and keeping a clean record.

At Ketchel Law, our criminal attorneys provide free consultations to anyone who has been charged with a crime. We are experienced and aggressive attorneys – our number one goal is to have your charges dismissed or significantly reduced.

We can also help with expungement of summary offense or misdemeanor charges.

In criminal mischief cases the main cost may be paying restitution for the damaged property. A criminal lawyer can help defend the charges and argue the value of the property allegedly damaged. This can also minimize the charges, for example, a misdemeanor to a summary offense.

OUR NUMBER ONE GOAL: GETTING YOUR CHARGES DISMISSED.

Call 412-456-1221 for a free consultation

PITTSBURGH CRIMINAL MISCHIEF ATTORNEYS

WHAT IS CRIMINAL MISCHIEF?

Simply put, criminal mischief in Pennsylvania is the act of intentionally, recklessly, or negligently damaging or defacing property that belongs to someone else. This can include anything from spraying graffiti or tampering with fire hydrants to committing arson or impairing a gas or electrical power supply.

Under PA Code § 3304, Criminal Mischief is defined as follows:

A person is guilty of criminal mischief if he or she:

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.

OUR NUMBER ONE GOAL: GETTING YOUR CHARGES DISMISSED.

Call 412-456-1221 for a free consultation

PENALTIES FOR CRIMINAL MISCHIEF CONVICTION – SUMMARY OFFENSE

If you are found guilty of a criminal mischief as a summary offense in the Commonwealth of Pennsylvania, you can be sentenced to up to 90 days in jail and up to $300 in fines.

All criminal mischief convictions are summary offenses if the loss of value of the property is less than $500 in damages – the exception being if the loss was over $150 and was the result of using graffiti to deface public property, in which case it is a misdemeanor offense.

In addition to these penalties, you will be ordered to pay restitution. For example, if you were found defacing property, you may be responsible to pay the building owner for the clean up costs to restore the building to normal.

While summary offenses are generally the most mild crimes and do not carry as harsh a penalty as felonies and misdemeanors, they should not be taken lightly.

Most people receive a citation for a summary offense in the mail and decide it is easier to plead guilty, pay the fine, and move on. However, there are a number of reasons why a summary offense should be taken seriously – and you should seek the help of a qualified attorney to help defend your rights.

PENALTIES FOR CRIMINAL MISCHIEF CONVICTION – MISDEMEANOR

A criminal mischief conviction could also result in a misdemeanor charge if the loss is over $500 or if the loss was over $150 and was the result of using graffiti to deface public property

You will face a third degree misdemeanor and a maximum sentence of one year in jail and a $2,000 fine if the property loss was under $1,000.

If the property loss was over $1,000 but under $5,000, you will face a second degree misdemeanor, up to two years in jail and a $5,000 fine.

In addition to these penalties, you will be ordered to pay restitution.

PENALTIES FOR CRIMINAL MISCHIEF CONVICTION – FELONY

You face a third degree felony and a maximum sentence of seven years in jail and a $15,000 fine if the property loss/damage was over $5,000 OR if the damage causes a “substantial interruption or impairment of public communication”.

In addition to these penalties, you will be ordered to pay restitution.

OUR NUMBER ONE GOAL: GETTING YOUR CHARGES DISMISSED.

Call 412-456-1221 for a free consultation

HOW KETCHEL LAW CAN HELP FIGHT CRIMINAL MISCHIEF CHARGES

At Ketchel Law, our number one goal is to have your case dismissed and charges withdrawn. If that is not possible, there are numerous ways of attempting a reduction in sentencing such as arguing the value of the damage to the property or the expense to repair the property.

Our skilled attorneys will make a thorough investigation into the case to determine what evidence led to your charges being filed. We will listen to your account of the events to build a strong defense and provide you with options for how you would like to plea and the possible outcomes of each of those options.

We can also assist with appealing a summary offense. To appeal your case, you must do so within thirty (30) days of your original hearing. Even if you have pled guilty and paid the fine, you may still appeal your case. However, you must do so within thirty (30) days of your plea.

In addition, we can make attempts to have the Summary Offense wiped off your permanent record by requesting the court expunge the conviction from your record. This will allow you to have a clean record and will not be able to be seen during background checks.

If you were under the age of 18 at the time of the offense, and received a Summary Offense conviction, we can help you request that the summary offense be expunged from your record once you turn 18, and six months after paying any and all fines.

The help of a knowledgeable and experienced attorney can be invaluable in retaining your rights and a clean record.

CALL KETCHEL LAW FOR A FREE LEGAL CONSULTATION – 412-456-1221

If you were charged with criminal mischief, call Attorney Ketchel immediately at (412) 456-1221 or contact him online.

FREE LEGAL CONSULTATION

We offer free legal consultations to anyone charged with a crime. Call us today to find out how we can help defend your rights.

Learn more about Ketchel Law:

CALL KETCHEL LAW NOW FOR A FREE LEGAL CONSULTATION AT 412-456-1221.

OUR NUMBER ONE GOAL: GETTING YOUR CHARGES DISMISSED.

CALL KETCHEL LAW TODAY: 412-456-1221

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