New Jersey Criminal Mischief Attorneys
Aggressive Advocates Helping Our Clients Seek Fair Outcomes in a Harsh System
In New Jersey, a charge for criminal mischief is set forth in N.J.S.A. 2C:17-3. Criminal mischief is applicable when someone purposely or knowingly damages the property of another. It is a common charge in New Jersey Domestic Violence and Juvenile cases. There are various categories of this crime — from Fourth Degree criminal mischief to Second Degree criminal mischief. Crimes with lesser destruction may qualify as disorderly persons offenses. Regardless of what you’re up against, New Jersey criminal mischief lawyers may be able to help.
At The Bianchi Law Group, we’ve seen what a criminal conviction for criminal mischief charges can do to a person. When someone allegedly knowingly damages tangible property of another, the system will come down on them as hard as possible. NJ criminal mischief law allows sentences of over one year in lockup even for the least serious crime — and those accused of disorderly persons offenses could still be incarcerated for up to six months. Put simply, New Jersey Criminal Code is not lenient and should not be taken lightly.
Let our criminal mischief lawyers review your case. Contact us today for a free consultation.
Former Prosecutors Fighting for You
The Bianchi Law Group is made up of a team of former trial prosecutors who have handled the investigations and prosecutions of most crimes in New Jersey and will defend you for all federal and state crimes in New Jersey, including Criminal Mischief. Having former prosecutors on your side means that your legal representation knows every part of the system.
It’s like having an “inside man” when in a competition — except this competition is for your freedom and future. Federal and New Jersey criminal mischief law can be complicated. Just a few dollars can separate a few months in jail to more than a year. Fortunately, this isn’t a battle you have to face alone. Our former prosecutors have sat on both sides of the aisle, and we’re ready to fight for you.
Certified Criminal Trial Attorneys by the New Jersey Supreme Court
Partners Robert A. Bianchi and David J. Bruno are also both certified by the Supreme Court of New Jersey as Criminal Trial Attorneys. In New Jersey, the New Jersey Supreme Court has a certification committee which classifies certain New Jersey Lawyers as Certified Trial Attorneys. The process requires the prospective attorneys to satisfy strict criteria, including extensive jury trials, a primary focus in criminal law, an application submission, a peer review process, a character and background check, and to pass a written examination.
Only 250 of over 98,000 lawyers (less than 1%) are designated as certified criminal trial attorneys by the New Jersey Supreme Court. This should be an important factor in finding a defense attorney to represent you. Many New Jersey Lawyers describe themselves as trial attorneys but most do not have the New Jersey Court’s distinction as Certified Criminal Trial Attorney.
Penalties for Criminal Mischief Charges in New Jersey
The Penalties for Criminal Mischief depend on the extent of damage to the victim’s property and the destroyed property type. The New Jersey Criminal Mischief statute grades the degree of crime based on the value. For example, Criminal Mischief is a third-degree crime if the damage is $2,000.00 or more; a fourth-degree crime if the damage is between $500.00 and $2,000.00; and a disorderly persons offense if the damage is $500.00 or less.
- Additionally, the degree of the crime may depend on the type of property that was damaged. For Example, the following property types will dictate the degree of crime:
- any research property used by the research facility, or otherwise causes physical disruption to the functioning of the research facility (third-degree);
- 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 (fourth-degree if no injury results; third-degree if bodily injury results; second-degree if death results);
- airport, landing field, landing strip, heliport, helistop, or any other aviation facility (fourth-degree if no injury results; third-degree if bodily injury results; second-degree if death results)
- a grave, crypt, mausoleum, or other site where human remains are stored or interred (third-degree);
- public communication, transportation, supply of water, oil, gas or power, or other public service (third-degree);
- pipes or mains for conducting gas, oil or water, or any works erected for supplying buildings with gas, oil or water, or any appurtenances or appendages therewith connected, or injures, cuts, breaks down, destroys or otherwise tampers with any electric light wires, poles or appurtenances, or any telephone, telecommunications, cable television or telegraph wires, lines, cable or appurtenances (fourth-degree);
Crimes in the second-degree range can be punishable from 5 years to 10 years in New Jersey State Prison. Crimes in the third-degree range can be punishable from 3 years to 5 years in New Jersey State Prison. Crimes in the fourth-degree range can be punishable by up to 18 months in New Jersey State Prison. Disorderly persons offenses can be punishable up to 6 months in the County jail, usually in the County where the crime was committed.
The Sentencing Judge may also order fines and restitution as prescribed by N.J.S.A. 2C:43-3 for all convictions for Criminal Mischief in New Jersey.
Restitution and Community Service for New Jersey Graffiti Cases
By statute, the Judge can order a defendant convicted of Criminal Mischief in New Jersey 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. Being forced out of your life to perform manual labor can be very disruptive. We’ll review the criminal offense you’re charged with and help decide the best way to secure a favorable outcome.
Contact Our New Jersey Criminal Mischief Lawyers
Like in all of our cases handled at the Bianchi Law Group, our experienced team of former prosecutors are there to make sure the Government can prove its case beyond a reasonable doubt. If our attorneys cannot resolve the case with a dismissal or a fair and just plea bargain, our lawyers at The Bianchi Law Group will not hesitate to select a jury and take the case to trial. That is what we do and what distinguishes us from other attorneys.
We are former prosecutors, trial-tested, and certified by the New Jersey Supreme Court as certified criminal trial attorneys. This means we are capable and ready to take the best possible approach to secure a favorable outcome on your behalf — regardless of what path that takes. At The Bianchi Law Group, we will take care to provide you with Serious Attorneys for Serious Cases. Contact us at (862) 292-4442 to schedule your free consultation.