Vandalism charges in New Jersey carry more than just a fine. Depending on the details of the situation, a single incident of graffiti, broken windows, or damaged vehicles can lead to a slew of unpleasant repercussions. If you have been arrested for vandalism in NJ and are wondering about the potential penalties of a conviction, it is crucial that you continue reading for more information and secure the help of an experienced Mercer County criminal defense lawyer.

What is Vandalism?

Technically, there is no criminal offense of “vandalism” in New Jersey. Instead, behavior that constitutes vandalism in other states is known as criminal mischief. In order to be convicted of criminal mischief, it must be proven that you purposefully or knowingly damaged or tampered with property without the owner’s permission.

N.J.S.A. 2C:17-3 states that a person is guilty of criminal mischief if he or she:

  • 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; or
  • Purposely, knowingly, or recklessly tampers 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 institution of eviction proceedings.

Unlike vandalism in other states and jurisdictions, malicious intent is not required to be convicted of criminal mischief in New Jersey. If the act was purposeful or knowing, the requirement for intent is satisfied. Under certain circumstances, reckless conduct can also qualify.

Common examples of criminal mischief include graffiti, scratching, breaking or disabling fixtures, slashing tires, smashing windows, damaging doors or fences, and tampering with utilities.

What Are the Penalties for Vandalism in NJ?

A criminal mischief conviction can result in significant penalties, though they will vary depending on how the offense is charged and the details of the circumstances. The grading for criminal mischief in New Jersey depends on the value of the damage done, or the pecuniary loss (financial loss that can be objectively calculated in monetary terms). Consider the following.

  • Damage of $500 or less: Disorderly persons offense, up to 6 months in jail, fines up to $1,000
  • Damage of $500 to $2,000: Fourth-degree crime, up to 18 months in prison, fines up to $10,000
  • Damage of $2,000 or more: Third-degree crime, up to 5 years in prison, fines up to $15,000

It is also important to note that the offense’s grading can depend on the physical actions you took during the offense. For example, you can be charged with third-degree criminal mischief if you damage, deface, eradicate, alter, receive, release, or cause the loss of any research property used by the research facility, or otherwise cause physical disruption to the functioning of the research facility. There are several other standards that impact this grading.

For more information and to secure skilled legal representation during your case, reach out to a skilled criminal defense attorney today.