Intentional damage to property of another in any amount is criminal mischief in second degree and where defendant admitted he stripped bark from trees intentionally, resentencing for crime of criminal mischief was required. Legislative intent of this section is to protect interest of owner or possessor in property. Notwithstanding that stop of defendant was unlawful under ORS 131.615, illegality of stop did not render inadmissible evidence of subsequent behavior, for which he was charged under this section. Bolger, 31 Or App 565, 5 (1977), Sup Ct review denied

If you are involved in a domestic relationship in Washington and are accused of having damaged property, whether it belonged to the person you are in a relationship with or someone else, contact one of the Washington domestic violence lawyers at Milios Defense for a consultation.Admission of testimony by handwriting expert that he had “no doubt” defendant was responsible for painting graffiti in black paint on side of house, was not abuse of discretion. If convicted the penalty could be up to 365 days in jail and a $5000 fine. Malicious Mischief in the Third Degree (RCW 9A.48.090) deals with property damage of $750 or less and is a gross misdemeanor. As a Class C felony, it is punishable by up to five years in prison and a $10,000 fine. Malicious Mischief in the Second Degree (RCW 9A.48.080) requires damage to property in excess of $750 but not greater than $5000.

It is a Class B felony and is punishable by a maximum of 10 years in prison and a $20,000 fine. Malicious Mischief in the First Degree (RCW 9A.48.070) involves damage to property in an amount in excess of $5,000.

The three classifications are separated by the dollar value of the physical damage done to the property. Broken down into three classifications, malicious mischief as defined in the “domestic violence” arena, is knowingly and maliciously causing physical damage to the property of another. In instances involving a domestic relationship where a property is damaged, one could be charged with Malicious Mischief.

Malicious mischief 1