What Constitutes Criminal Mischief in New Jersey?

Criminal mischief is a charge that involves the intentional or reckless destruction of property and is taken very seriously in New Jersey. NJ has specific laws and regulations in place to address this type of offense. If you were arrested for criminal mischief, understanding the legal definitions and potential consequences associated with the crime can help you during legal proceedings. Retaining representation during your case is crucial to ensure your rights are protected and you have the best chance of preserving your future. Work with an experienced Bergen County criminal defense attorney for knowledgeable legal advice and assistance.

What Constitutes Criminal Mischief in NJ?

Criminal mischief is defined under N.J.S.2C:17-3. Under New Jersey state law, an individual is guilty of criminal mischief if they do either of the following.

1. Purposely or knowingly damage tangible property of another or damage tangible property of another recklessly or negligently in the employment of fire, explosives or other dangerous means listed in subsection a. of N.J.S.2C:17-2; or
2. Purposely, knowingly, or recklessly tamper with tangible property of another so as to endanger person or property, including the damaging or destroying of a rental premises by a tenant in retaliation for the institution of eviction proceedings.

Damage involved in criminal mischief can range from vandalism to graffiti, breaking windows, and even more serious acts like arson. The additional “dangerous means” outlined in subsection a. of N.J.S.2C:17-2 include causing explosions, floods, avalanches, the collapse of a building, release or abandonment of poisonous gas, radioactive material, or any other harmful or destructive substance.

Is Criminal Mischief a Felony?

While New Jersey does not use the term “felony” or “misdemeanor” to describe its offenses, equal alternatives are “indictable crime” and “disorderly persons offense,” respectively.

Criminal mischief can generally be considered a disorderly persons offense, third, or fourth-degree indictable crime depending on the details of the circumstances. If you caused less than $500 in pecuniary loss, your offense will likely be a disorderly persons offense. You could be charged with a fourth-degree crime if you caused damage or loss totaling $500 to $2,000. If the damage or losses were greater than $2,000 it will be considered a third-degree indictable crime.

Regardless of the level of offense you are charged with, the consequences can be severe. You could face a criminal record, community service, significant amounts of restitution for pecuniary damage, and jail time.

While criminal mischief is generally a third or fourth-degree offense, if you are found guilty of causing widespread injury or damage through one of the dangerous means listed in N.J.S.2C:17-2, you may face second-degree charges. For more information, consult with a skilled criminal defense attorney.