Juvenile Criminal Mischief Charges Lawyer in New Jersey
In New Jersey, a charge of criminal mischief refers to vandalism, which is unlawfully damaging someone else’s property. Juvenile pranks, such as spraying graffiti, breaking windows, or rolling someone’s yard with toilet paper may lead to criminal mischief charges and punishment that can include fines, restitution payments, and even detention.
When a young person under age 18 is arrested on criminal mischief charges in New Jersey, the courts are expected to focus on rehabilitation rather than punishment. New Jersey law provides a variety of probationary and diversionary programs for youths who have broken the law. But if an underage defendant does not have strong legal representation, some courts will choose to punish the juvenile offender. That is why your child needs knowledgeable legal representation from an experienced New Jersey juvenile defense lawyer.
Attorney Jason A. Volet is a former prosecutor in Monmouth County, NJ, who now focuses entirely on protecting the accused. He has handled more than 2,000 criminal defense cases in his career. He will do everything legally possible to prevent a conviction and secure the best results in your child’s case.
Jason Volet knows how New Jersey’s juvenile justice system is meant to work and what really happens in family court. He has dedicated his legal career to advocating for the rights of people like you and your child. Contact him today.
Contents
What Are Juvenile Mischief Offense Charges and Penalties in New Jersey?
New Jersey law defines criminal mischief as purposely damaging someone else’s tangible property or damaging someone else’s property recklessly or negligently with fire, explosives, or other dangerous means. This includes acts of graffiti, which means drawing, painting, or making any mark or inscription on public or private real or personal property without the owner’s permission. These may seem like minor offenses, but they can have serious consequences.
A person who is convicted of criminal mischief is usually required to pay for the damage done in addition to any fine or additional punishment handed down. In cases of graffiti on public property, a convicted juvenile may be required to perform community service that includes cleaning up the graffiti.
A criminal mischief offense is charged and punished according to the value of the property damage done:
- Losses of $500 or less result in a disorderly person’s charge punishable by a fine of up to $1,000.
- Losses of more than $500 but less than $2,000 are charged as a fourth-degree offense punishable by up to 12 months incarceration and a fine of up to $10,000.
- Losses valued at $2,000 or more are charged as a third-degree offense punishable by up to 2 years incarceration and a fine of up to $15,000.
As with adults, the disposition for juveniles adjudicated delinquent of criminal mischief charges in New Jersey depends on the value of the damage.
The degree of the offense is also set by statute for certain types of property.
Criminal mischief is charged as a fourth-degree offense for damage to a:
- Research facility, including loss or disruption of research work
- Airport, landing field, landing strip, heliport, helistop, or any other aviation facility. It becomes a third-degree offense if the act of vandalism caused injury and a second-degree offense if it caused death.
- Conveyances (pipes, mains, wires, cables) or associated structures (poles, towers, buildings) for water, gas, oil, electricity, telephone, telecommunications, cable television, or telegraph utilities.
Criminal mischief is charged as a third-degree offense for:
- Substantial interruption or impairment of public communication, transportation, supply of water, oil, gas or power, or other public services. It is a second-degree offense punishable by up to 3 years incarceration for a juvenile if the act of criminal mischief causes death.
- Tampering with a grave, crypt, mausoleum, or another site where human remains are stored or interred to purposely desecrate, destroy or steal such human remains or any part thereof.
The Juvenile Legal System in New Jersey
New Jersey’s Juvenile Code provides judges a wide array of dispositions when an underage offender is adjudicated delinquent. Juvenile cases are heard in the Family Division of the New Jersey Superior Court, or Family Court, and the system is designed to assist and rehabilitate an underage offender rather than punish him or her. If a young person is found guilty of criminal mischief, a committee determines the disposition be handed down based on the child’s record, the nature of the offense, the impact of the potential disposition on the family.
In addition to paying restitution for vandalism and potentially performing community service, a juvenile convicted of criminal mischief who previously had a clean record would likely be assigned some form of supervised probation if he or she has proper legal representation. If the juvenile had prior offenses or the act of vandalism was egregious, probation may be ordered along with additional requirements, such as counseling or entering a residential program.
How an Experienced Juvenile Criminal Mischief Lawyer Can Help
Juvenile defendants have the same rights as adults. Without a guilty plea, the prosecutor must prove the charges beyond a reasonable doubt to gain a conviction. Our team will investigate the circumstance of your child’s arrest to determine whether it would be beneficial to challenge the prosecution’s case and how to do it.
Potential defenses to criminal mischief charges include:
- Mistaken identity, particularly if the police did not catch the defendant in the act
- Establishing an alibi that your child was somewhere else when the offense occurred or was unable to have committed the act charged
- Proving that the damage was accidental
- Demonstrating permission or a right to alter the property
- Challenging the value of loss claimed so charges are reduced.
Attorney Jason Volet can make a case to the judge that some type of probation and release is what is best for your child and the community. We would expect to move forward in such a case with statements of remorse and a willingness to pay restitution and/or perform community service in lieu of payment, participate in counseling or other appropriate programs, etc.
Contact a New Jersey Juvenile Criminal Mischief Attorney
If your child has been charged with criminal mischief in New Jersey, an experienced New Jersey criminal mischief defense lawyer from the Law Office of Jason A. Volet in Neptune or Freehold can help protect your child’s rights. Contact our law offices today at 732-702-3785 to learn more about your child’s legal options in a free, no-obligation initial legal consultation.
