If you’ve been charged with criminal mischief in Pennsylvania, continue reading for more information and consult with an experienced York County, PA criminal defense attorney today.
What is Criminal Mischief?
Criminal mischief is a property crime often referred to as vandalism. It generally involves the intentional or reckless damaging of another person’s property without authorization. In Pennsylvania, this offense is outlined in Title 18, Section 3304 of the Pennsylvania Consolidated Statutes. Under this law, a person can be considered 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;
- 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.
Is Criminal Mischief a Misdemeanor or Felony?
When charged with criminal mischief in Pennsylvania, the severity of the offense and the potential penalties depend on the monetary value of the damage caused, known as “pecuniary loss,” and the nature of the property affected. The crime can range from a minor summary offense to a serious felony of the third degree.
The court will determine the grading of the offense based on the evidence presented, specifically focusing on the extent of the financial loss or disruption. The potential penalties increase significantly as the grading moves up from a summary offense to a felony.
The grading and associated potential penalties are as follows:
- Felony of the third degree:
- Causing pecuniary loss in excess of $5,000.
- Causing a substantial interruption or impairment of public communication, transportation, water, gas, power, or other public service.
- Misdemeanor of the second degree:
- Causing pecuniary loss in excess of $1,000.
- Misdemeanor of the third degree:
- Intentionally or recklessly causing pecuniary loss in excess of $500.
- Causing a loss in excess of $150 for graffiti-related offenses (subsection (a)(4)).
- Summary offense:
- Any criminal mischief charge that does not meet the criteria for a higher-grade offense.
What Are the Penalties for Criminal Mischief in PA?
The actual penalties you will incur for a criminal mischief conviction depend on the specific circumstances of the offense. However, the general sentencing guidelines are as follows:
- Third-degree felony: Up to 7 years in prison and fines of up to $15,000
- Second-degree misdemeanor: Up to 2 years in prison and fines of up to $5,000
- Third-degree misdemeanor: Up to 1 year in jail and fines of up to $5,000
- Summary offense: Up to 90 days in jail and fines of up to $300
Reach out to an experienced attorney for more information and legal advice today.
