In Washington State, malicious mischief falls under the umbrella of criminal vandalism. Vandalism is a property crime that involves an individual intentionally destroying or damaging another person’s property. Criminal mischief occurs when an individual intentionally damages the property of another.
Although criminal mischief and vandalism sound similar, mischief is more than simply writing, defacing, or drawing on the other person’s property. Criminal or malicious mischief also involves:
- Destroying property;
- Altering property;
- Damaging property;
- Defacing property.
Criminal mischief In Washington State is known as malicious mischief. Specifically, the definition of what qualifies as malicious mischief can be found in the Revised Code of Washington (“RCW”). For instance, RCW 9A.48.070 defines first-degree malicious mischief as a person that knowingly and maliciously:
- Causes physical damage to the property of another in an amount exceeding five thousand dollars;
- Causes an interruption or impairment of service rendered to the public by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication;
- Causes an impairment of the safety, efficiency, or operation of an aircraft by physically damaging or tampering with the aircraft or aircraft equipment, fuel, lubricant, or parts; or
- Causes an interruption or impairment of service rendered to the public by, without lawful authority, physically damaging, destroying, or removing an official ballot deposit box or ballot drop box or, without lawful authority, damaging, destroying, removing, or tampering with the contents thereof.
The RCW further states that malicious mischief in the first degree is a class B felony. It is important to note that malicious mischief may be classified as first-degree malicious mischief, second-degree malicious mischief, or third-degree malicious mischief based on the overall cost of the property damage and the type of property that was damaged.
What Is Malicious Mischief in the Third Degree in Washington State?
RCW 9A.48.090 provides that malicious mischief in the third degree occurs when an individual:
- Knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or
- Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree.
The RCW also provides that malicious mischief in the third degree is charged as a gross misdemeanor. This means that a person convicted of malicious mischief in the third degree will face less severe criminal penalties than that of a person being charged with malicious mischief in the second or first degree. Penalties for first and second degree include imprisonment of more than 1 year, criminal fines of more than $5,000, or a combination of both.
How Is “Physical Damage” Defined in Washington State?
The RCW also provides the definition for what is considered to be physical damage. Physical damage 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 diminution in the value of any property as a consequence of an act and the cost to repair any physical damage. In addition to the above definitions provided by the RCW, the ordinary meaning of the term also applies in malicious mischief cases.
Can I Be Charged With Malicious Mischief in the Third Degree for Vandalizing Property?
In short, yes, a person may be charged with malicious mischief in the third degree for vandalizing property. Once again, an individual may be charged with malicious mischief in the third degree if they:
- Paint, write, draw, or mark on any public or private structure;
- They did any of the above mischief actions on a property that is owned by another person;
- They did any of the above mischief actions without the express permission of the owner to draw, write, paint, figure, or inscribe anything on the building;
- The above mischief actions did not create damages that rise to the level of first or second-degree malicious mischief.
Second-degree malicious mischief is a class C felony that occurs when a person knowingly and maliciously:
- Causes physical damage to the property of another in an amount exceeding seven hundred fifty dollars;
- Creates a substantial risk of interruption or impairment of service rendered to the public by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication; or
- Creates a substantial risk of interruption or impairment of service rendered to the public by, without lawful authority, physically damaging, destroying, or removing an official ballot deposit box or ballot drop box or, without lawful authority, damaging, destroying, removing, or tampering with the contents thereof.
As can be seen, so long as the mischievous actions occur, and those actions do not result in more than $750 of property damage, they may be charged for vandalizing property.
What Is the Punishment for Third-Degree Malicious Mischief?
Once again, third-degree malicious mischief is criminally charged as a gross misdemeanor. A defendant who is convicted of third-degree malicious mischief can face criminal penalties including:
- Imprisonment of up to 364 days in jail;
- Criminal fines of up to $5,000.
However, it is important to note that in criminal matters, defendants are considered innocent until proven guilty in a court of law. This means that the criminal prosecutor will have to prove each and every criminal element of the crime of malicious mischief beyond a reasonable doubt. If the prosecution is unable to meet its burden, then the charges brought against the defendant must be dismissed.
Should I Contact a Lawyer About My Case?
If you have been arrested or charged with third-degree malicious mischief in Washington State, you should immediately contact an experienced Washington criminal lawyer. An experienced Washington criminal lawyer can help you understand your state’s specific laws on malicious mischief and how those laws will affect your legal rights and options.
An experienced attorney will also be able to determine whether there are any legal defenses available to you based on the specifics of your case. A legal defense is something that a defendant can raise during the criminal process that serves to defeat the charges that are brought against the defendant.
It is important to note that a legal defense must be raised properly, and thus, the assistance of a criminal attorney is often necessary to assert a proper legal defense. Finally, an attorney will also be able to represent you in court, as needed, throughout the process.
