Washington State Second Degree Malicious Mischief Lawyers

Malicious mischief is a non-violent crime. Non-violent crimes do not involve physical injury to a victim or the use of force against a person, instead they involve some type of economic loss or damage to a victim’s property.

As is the case in many other states, malicious mischief in Washington State is divided into three categories, referred to as “degrees.” Each degree is determined by the value of the property that is damaged in the incident as follows:

• For third-degree malicious mischief, the item damaged was worth $ 750 or less;
• For second-degree malicious mischief, the item was worth more than $750 but less than $5,000;
• For first-degree malicious mischief, the item was worth more than $5,000.

As an example, malicious mischief can occur when two people argue over a parking space. The lucky driver who gets the space may walk away to go about their business. The losing driver may be outraged and in a fit of anger, use their golf club to smash all the windows and headlights of the parked vehicle. The value of the property destroyed exceeds $5,000, so the disappointed driver now can be charged with first degree malicious mischief.

One roommate may owe another roommate money. In spite of this, the debtor roommate splurges on a new television costing $1,000. The creditor roommate is understandably upset and throws the new remote control right into the screen of the new television. The screen shatters and the debtor roommate files a police report charging the other with second degree criminal mischief.

Imagine a neighbor angry over a neighbor’s new flagpole flying the flag of a political movement with which the annoyed neighbor does not agree. Moreover, the flag pole interferes with their view of attractive scenery in the area. One day the neighbor walks over the flagpole and knocks it down. The flagpole, valued at $200, is destroyed. The neighbor reports the crime and it is charted as malicious mischief in the third degree, the least serious degree of the crime.

“Physical damage”, in addition to its ordinary meaning, also includes the total or partial alteration, damage, obliteration, or erasure of records, information, data, computer programs, or their computer representations, which are recorded for use in computers or the impairment, interruption, or interference with the use of such records, information, data, or computer programs, or the impairment, interruption, or interference with the use of any computer or services provided by computers. “Physical damage” also includes any act that diminishes the value of any property as the consequence of an act by the perpetrator.

Conviction of each degree results in a possible maximum sentence and/or a fine. In Washington state, malicious mischief in the first degree is a class B felony punishable by 10 years in prison and/ or $20,000 in fines.

• Third-degree Malicious Mischief: Third-degree malicious mischief involving property worth less than $50, is considered a misdemeanor. It is punishable by a maximum sentence of 90 days in jail and/or a $1,000 fine.
  • If the property is worth more than $50, the crime is still third-degree malicious mischief, but a person would be charged with a gross misdemeanor, which has a possible maximum sentence of up to 365 days in jail and/or a $5,000 fine;
• Second-degree Malicious Mischief: Second-degree malicious mischief, which involves property with a value of more than $750 but less than $5,000, is considered a Class C felony. A person convicted of a Class C felony can be given a possible maximum sentence of 5 years in jail and/or a $10,000 fine;
• First-degree Malicious Mischief: First-degree malicious mischief, which involves property with a value of more than $5,000 is considered a Class B felony. If convicted of a Class B felony, a person can be given a maximum sentence of 10 years in jail and/or a $20,000 fine.

It is important to note that these are maximum sentences and for a first offense, a person is not likely to get the maximum, but something less than that.

What Is Malicious Mischief in the Second Degree?

In Washington state, a person is guilty of second degree malicious mischief if they knowingly and maliciously cause damage to property with a value that is more than $750 but less than $5,000.

A person can also commit second degree malicious mischief, if they create a substantial risk of impairing or interrupting public services, through such acts as:

• Physically tampering with or damaging an emergency vehicle, such as a fire truck or ambulance;
• Physically damaging or tampering with state property, e.g. by painting graffiti on a public building;
• Physically damaging or tampering with a public utility, such as electric power lines, or public transportation, such as a public bus, or public methods of communication, e.g. telephone lines.

What Is the Difference Between “Malicious Mischief” and “Criminal Mischief”?

These two offenses are essentially the same. Criminal mischief involves intentionally damaging property that belongs to another person. Washington state uses the term “malicious mischief” instead of “criminal mischief.” Other states may call it “criminal mischief.” The two crimes, however, are essentially the same.

Is It Considered Criminal/Malicious Mischief to Impair or Meddle with Someone’s Property?

Malicious mischief is usually something more serious than impairing or meddling with property. A perpetrator must have done one of the following:

• Destroyed property;
• Damaged property;
• Altered property so it is no longer in its original form;
• Defaced property.

If the defendant only meddled with or impaired property, then the action might be considered criminal tampering.

As noted above however, impairing computers and computer records can be malicious mischief.

If I Am Convicted of Malicious Mischief in the Second Degree, Will I Go to Prison?

In Washington State, malicious mischief is charged as a class C felony. It is punishable by up to 5 years in prison and/or a fine of up to $10,000. Of course, the judge can impose a lesser sentence; the judge can impose a fine only, a prison term only or both.

There are some other options available under Washington law for dealing with a charge of malicious mischief in the second degree. Possible ways to resolve the charge are as follows:

• The defendant can plead guilty as part of a plea deal;
• The defendant can plead not guilty and go to trial;
• The defendant can be found guilty or not guilty if their case goes to trial;

Because 2nd degree malicious mischief is a felony, there are options available that are referred to as “felony diversion.” Felony diversion involves the defendant entering into a contract with the prosecuting attorney in which the defendant agrees to pay restitution, perform some community service, and remain crime free.

If mental health issues were a factor in the defendant’s commission of the crime, Behavioral Health Court (BHC) may be an option. Successful completion of BHC would also lead to dismissal of the charge.

Lastly, a good criminal defense attorney may be able to convince the prosecuting attorney to reduce the felony malicious mischief charge to a misdemeanor malicious mischief in exchange for a guilty plea.

The diversion options are generally available for defendants with little or no criminal history.

Do I Need a Lawyer for Help with a Charge of 2nd Degree Malicious Mischief?

Given the fact that a possible punishment is up to five years in prison, if you have been charged with 2nd degree malicious mischief, you need to consult an experienced Washington criminal defense lawyer.

Your lawyer can analyze the facts of the case and identify any defenses you may have. They can work on negotiating a plea agreement if possible or possibly a diversion option Or, your lawyer can represent you at trial, if that should become necessary. Your lawyer will be able to guide you to the best outcome for your case.