The severity of a malicious mischief charge varies depending on the value of the property damaged. How Severe is a Malicious Mischief Charge? Who can say who actually damaged the property or when the damage occurred? Usually there are no independent witnesses and the police almost never go to the trouble of fingerprints in these types of cases. Often times the only evidence the prosecutor has is the claim of the person who called the police. Similarly, it can also be difficult for the prosecutor to prove who actually caused the damage. We have had many cases dismissed for our clients on this very issue. In a non-married situation there are even more opportunities to challenge who owned the property in question. In a marriage, there is a fine line between your property and your spouse's property. It is not illegal to damage your own property. One unique aspect of malicious mischief is determining whether the property actually was the "property of another" as required by statute. In order to make a conviction, a prosecutor must be able to prove that the damage done was deliberate and not accidental the accused must have "knowingly or maliciously" caused damage to another's property. A charge of malicious mischief domestic violence generally accompanies a domestic violence assault charge. Often, one action may cause something else to unintentionally break. Malicious Mischief and Domestic Violence Breaking a bar window, damaging a partner's cell phone, or any other form of intentional property damage will result in a charge of Malicious Mischief. A typical Malicious Mischief charge involves breaking the property of a loved one or a business. Malicious Mischief (also known as Property Destruction in some courts) is defined as knowingly and maliciously damaging the property of another. During a domestic dispute, it is not unusual to, in the heat of anger, slam a door, hit a wall, or throw something. It can be classified as a domestic violence case when the damage is done to a family or household member's property, or property that is jointly owned by a husband and wife. Lynnwood Malicious Mischief Domestic Violence Attorney WHAT IS MALICIOUS MISCHIEF?Ī malicious mischief crime in Washington involves destruction of or damage to property.
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