CRIMINAL MISCHIEF—N.J.S.A. 2C:17
Mischief NJ
If you have been charged with violation of 2C:17-3, you have exposure if convicted, for jail time up to 180 days, criminal record and monetary fine up to $1,000.00, and restitution for the damages caused by your conduct if the damages total $200.00 or less, but jail time up to 5 years, criminal record, and fines up to $15,000.00, plus restitution for the damages if the damage caused exceeds $500.00. I have been practicing criminal law for 26 plus years and have helped many clients avoid conviction, avoid jail time, max fines, criminal record for this offense. Please contact me at (732)-337-7922 for an evaluation of your circumstances and vigorous and competent representation, No matter how bad it is, I can make it less bad for you.
CRIMINAL LIABILITY FOR
ILLUSTRATIVE EXAMPLE OF WHAT CONDUCT CONSTITUTES THE OFFENSE:
You are a senior at fairly ridiculous university. You and your fraternity brothers have just been ordered by Dean Wormzer to vacate your current digs and move your frat house “off-campus” on grounds that the Board has found fraternity members committed repeated violations of the university’s under age drinking rules. You feel violated and you want to express your feelings. You go to the local Home Depot and purchase a jumbo tube of liquid steel. After dark, you go to the campus parking lot and you decide to squirt liquid steel into the coin slot(s) on the university’s parking meters You know this “gunk” will dry, clog up the coin slots, thereby rendering the meters inutile. The next morning you arise and look out your dorm room window to observe crews of campus police officers changing the meters. You are perversely thrilled, but have you just committed a serious crime?
DOMESTIC VIOLENCE ACT LIABILITY FOR
ILLUSTRATIVE EXAMPLE OF WHAT CONDUCT CONSTITUTES THE OFFENSE:
You and your spouse are just not getting along. You find yourself arguing over practically everything. Today is no different. You come home from work to find that he or she has spent thousands of dollars (you don’t have) on a new dining room set. In a fit of rage you express your anger by grabbing a framed picture that is hanging on the dining room wall and you throw it to the floor. The glass shatters, the frame breaks. Have you just committed a quazi-criminal offense which constitutes a violation of N.J.S.A. 2C:25-1 et seq., the Domestic Violence Act?
THE ACTUAL LAW CRIMINAL MISCHIEF
a. “Offense defined. A person is guilty of criminal mischief if he:
(1) Purposely or knowingly damages tangible property of another or damages
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.A.
2C: 17-2; or
(2) Purposely, knowingly or recklessly tampers with tangible property of another
so as to endanger person or property.
b. Grading.
(1) Criminal mischief is a crime of the third degree if the actor purposely or
knowingly causes pecuniary loss of $2,000.00 or more, or a substantial
interruption or impairment of public communication, transportation, supply
of water, gas or power, or other public service.
(2) Criminal mischief is a crime of the fourth degree if the actor causes pecuniary
loss in excess of $500.00. It is a disorderly persons offense if the actor causes
pecuniary loss of $500.00 or less.
(3) Criminal mischief is a crime of the third degree if the actor damages, defaces,
eradicates, alters, receives, releases or causes the loss of any research property
used by the research facility, or otherwise causes physical disruption to the
functioning of the research facility. The term “physical disruption” does not include any lawful activity that results from public, governmental or research facility employee reaction to the disclosure of information about the research facility.
(4) Criminal mischief is a crime of the fourth degree if the actor damages, removes or impairs the operation of any device, including, but not limited to,
a sign, signal, light or other equipment, which serves to regulate or ensure the safety of air traffic at any airport, landing field, landing strip, heliport, helistop or any other aviation facility; however, if the damage, removal or impediment of the device recklessly causes bodily injury or damage to property, the actor is guilty of a crime of the third degree, or if it recklessly causes a death, the actor is guilty of a crime of the second degree.
(5) Criminal mischief is a crime of the fourth degree if the actor interferes or
tampers with any airport, landing field, landing strip, heliport, helistop or any other aviation facility; however if interference or tampering with the airport, landing field, landing strip, heliport, helistop or other aviation facility recklessly causes bodily injury or damage to property, the actor is guilty of a crime of the third degree, or if it recklessly causes a death, the actor is guilty of a crime of the second degree.
(6) Criminal mischief is a crime of the third degree if the actor tampers with a
grave, crypt or mausoleum or other site where human remains are stored or
interred, with the purpose to desecrate, destroy or steal such human remains or any part thereof.
c. A person convicted of an offense of criminal mischief that involves an act of
graffiti may, in addition to any other penalty imposed by the court, be required to
pay the owner of the damaged property monetary restitution in the amount of the
pecuniary damage caused by the act of graffiti and to perform community service,
which shall include removing the graffiti from the property, if appropriate. If
community service is ordered, it shall be for either not less than 20 days or not less
than the number of days necessary to remove the graffiti from the property.
d. As used in this section:
(1) “Act of graffiti” means the drawing, painting or making of any mark or
inscription on public or private real or personal property without the
permission of the owner.
(2) “Spray paint” means any paint or pigmented substance that is in an aerosol or
similar spray container.”
The answer with regard to criminal liability is YES. You are arguably guilty of committing a third degree crime under section a. and section b.(1). You have acted “purposefully” because it was your conscious object to deliberately damage the university’s property. N.J.S.A. 2C:2-2(b)(1), State v. Clarke, 198 N.J. Super 219 (App. Div. 1985). Of course had you acted “knowingly”, e.g., with knowledge that your conduct would result in damage to the university’s parking meters, N.J.S.A. 2C:2-2(b)(2), you would also be guilty. Ortiz v. Ortiz, A-1742-06T31742-06T3 (App. Div. 2007) A third degree crime is punishable, if convicted, by monetary fines of up to $10,000.00, plus possible jail time of a low of three (3) years and a high of five (5) years, and a criminal record. N.J.S.A. 2C:43-3(b)
The answer with regard to domestic violence liability is YES. Believe it or not, when you deliberately smashed (what you thought was your picture), e.g., the framed picture, you committed criminal mischief because under a domestic violence analysis the picture was “marital property”, and therefore your conduct constitutes an act of domestic violence under the Domestic Violence Act, e.g., N.J.S.A. 2C:25-1, et seq.. Pursuant to that act a municipal court judge sitting in the township in which you reside has the authority to issue temporary restraining orders (TRO) when the Superior Court, Family Part, is not open, e.g., on week ends, holidays, etc…Your significant other could avail himself or herself of the remedy of obtaining a TRO. This is a remedy designed to prevent the defendant from having any verbal or physical contact with the victim and/or victim’s immediate family members residing in the marital residence. This is accomplished by ordering the defendant not to go within 500 feet of the marital residence until such time as the Order is dissolved. In other words, you must live somewhere else and you cannot have any direct or indirect communication or contact with your spouse or you would be committing a willful violation of a court order—a fourth degree crime punishable by possible jail time up to eighteen (18) months. Additionally, a search of the marital residence for weapons will be conducted by local police and confiscation of any guns found will be imposed. Your first court appearance would be an arraignment in the municipal court which issued the TRO. Approximately two (2) weeks after issuance of the TRO you would be given an opportunity to defend yourself at a Plenary Hearing in which the issue is whether the TRO should ripen into a Final Restraining Order (FRO), in the Superior Court, Family Part, or whether the TRO should be dissolved (dismissed) on grounds that your conduct did not constitute “domestic violence” within the meaning of N.J.S.A. 2C:25-1. If the matter is converted to a FRO you could be ordered to continue paying the roofing costs, e.g., mortgage, property taxes, utilities, etc…until the marriage is legally dissolved, without the possibility of ever being able to lawfully set foot on the property again or communicate with your spouse ever again. Finally, the municipal court may hear the underlying charges (if not indictable) and have jurisdiction over the underlying offense. Additionally, if your spouse wants the TRO dissolved, you can be ordered to undergo expensive and time consuming anger management or psychological counseling as a prerequisite to any reconciliation and/or normalization of property rights.
If you have been charged with criminal mischief, particularly if the property you have damaged is valued at $500.00 or more, this is nothing to mess around with. You should immediately retain a skilled and experienced attorney to protect your interests.
