Tacoma Attorney for Malicious Mischief and Destruction of Property

Domestic violence is a serious issue in Washington and elsewhere. Sometimes people are injured in the course of domestic violence, but in other situations, the perpetrator may damage property in order to express force. They may, for example, throw a chair and break drywall. Or, for another example, they may kick in a door and kick it off its hinges. If you are charged with malicious mischief, you should be aware that this can be a form of domestic violence based on destruction of property when you have a certain relationship with the victim. There are three classifications of malicious mischief, and they are divided by the dollar value of the physical damage, among other factors. The Tacoma domestic violence lawyers at Smith & White can investigate your case and help you develop a defense against these charges.

Domestic Violence Based on Destruction of Property

Roughly, malicious mischief involves knowingly and maliciously causing physical damage to another party’s property. Under RCS 9A.48.070, you can be charged with the most serious form of malicious mischief, malicious mischief in the first degree, if a prosecutor can show beyond a reasonable doubt that you knowingly and maliciously caused physical damage to another party’s property in an amount over $5,000, caused an interruption of a service rendered to the public by physically damaging an emergency vehicle or state property or other similar property, caused an impairment of an aircraft’s operation, efficiency, or safety by physically tampering with or damaging an aircraft or its parts or fuel or lubricant, or caused an interruption of a service given to the public by physically destroying, harming, or removing an official ballot deposit box or ballot drop box, or messing with its contents. This type of malicious mischief is a class B felony. Only the first of these grounds is likely to arise in the domestic violence context, though.

Under RCW 9A.48.080, you can be convicted of malicious mischief in the second degree if the prosecutor can show beyond a reasonable doubt that you knowingly or maliciously caused physical damage to another party’s property in an amount between $750 and $5,000, created a substantial risk of an interruption or impairment of a service provided to the public by physically tampering with an emergency vehicle or subdivision or public utility, or created a substantial risk of an impairment or interruption of a service given to the public by, without authority, removing, destroying, or damaging an official ballot deposit box or messing with its contents. Second-degree malicious mischief is charged as a class C felony. Again, the first ground is the most likely to involve domestic violence.

Under RCW 9A.48.090, you can be convicted of malicious mischief in the third degree if the prosecutor can show beyond a reasonable doubt that you knowingly and maliciously caused physical damage to another party’s property under circumstances that do not count as malicious mischief in the first or second degree, or if you drew, painted, or wrote a mark of any kind on a private or public building or other structure, or any real or personal property owned by someone else unless express permission has been given, and the factual situation is not considered first- or second-degree malicious mischief. Third-degree malicious mischief is charged as a gross misdemeanor.

What Are The Penalties for Destruction of Property Charged as Domestic Violence?

You can be charged for domestic violence destruction of property if you have the appropriate relationship with the victim and have damaged his or her property. The victim and you need to have a family or household relationship for domestic violence to be charged. For example, if you are dating or were dating the victim, and you destroy their property, you could be charged with domestic violence.

When you are first arrested for domestic violence, you will be held in jail until you are seen by a judge. If you are convicted, the penalties will hinge on whether you were charged with a felony or a misdemeanor. There are subcategories of both felonies and misdemeanors, and each of these has maximum penalties. If you are charged with malicious mischief in the third degree, which is a gross misdemeanor, you could face a maximum of 364 days in jail and a maximum $5,000 fine.

There are also felony versions of domestic violence that involve malicious mischief. You can be charged with felony malicious mischief if the damaged property is very valuable. You can face a jail sentence for felony malicious mischief as well as a fine. If you are charged with malicious mischief in the second degree, which is a class C felony, you can face up to five years in prison and up to $10,000 in fines. If you are charged with malicious mischief in the first degree, you can face up to 10 years of imprisonment and a $20,000 fine.

Penalties for Malicious Mischief

Felonies and misdemeanors are sub-categorized. There are A, B, and C felonies, and there are maximum penalties for each category. There are misdemeanors and gross misdemeanors, and the gross misdemeanors are punished more harshly than the ordinary misdemeanors.

You should be particularly careful to retain an attorney if you have been charged with any type of felony. The class B felony of malicious mischief in the first degree carries the harshest penalties among the various malicious mischief charges. You can face up to 10 years in prison and a $20,000 fine. For a conviction of malicious mischief in the second degree, a class C felony, you can face a maximum of five years in prison and a maximum $10,000 fine. For a conviction of malicious mischief in the third degree, a gross misdemeanor, you can face a maximum of 364 days in jail and a $5,000 fine.

Defenses for Destruction of Property Charged as Domestic Violence

You should not assume that a conviction is inevitable just because there was probable cause to arrest you for domestic violence. The prosecution needs to establish its case beyond a reasonable doubt. In some cases, it is possible for a criminal attorney to defend on the basis of accident. Perhaps you did not intend to damage the property. It can be difficult for a prosecutor to establish intent, particularly since it needs to be established beyond a reasonable doubt. In other cases, it is possible to argue that there was a mistaken identity.

When there is a family or household relationship, there may be issues about whether the victim or the perpetrator owns the property that got damaged. For example, if you broke your own television in a household where your girlfriend was living, this could be a strong defense against the domestic violence charge.

Similarly, it can be challenging for a prosecutor to properly determine the value of the property that was damaged. Malicious mischief is subcategorized based on the value of the property. If you are charged with felony malicious mischief in the first degree because the property was supposedly $2,000 in value, we may be able to raise a reasonable doubt about whether it was actually worth $2,000. If we can show that it was actually worth $500, we may be able to get the charges reduced to malicious mischief in the third degree, which is a gross misdemeanor. In other cases, it may be possible to get the charges dropped altogether, based on the value of the property.

Our Tacoma Attorneys Can Help

If you are charged with domestic violence based on destruction of property, which is a type of malicious mischief, you should consult an experienced criminal defense attorney. At The Law Offices of Smith & White, PLLC, we represent people in the Tacoma area and throughout Pierce, King, Kitsap, and Thurston Counties. Call us at (253) 203-1645 or complete our online form.