Malicious Mischief 3 (3rd degree) can have a Domestic Violence designation attached to the charge if the defendant has a current or past domestic relationship with the complaining witness. There are enhanced collateral penalties for a Domestic Violence Malicious Mischief 3 conviction.

If a domestic relationship can be established, there are often questions about who actually owns the damaged property and who damaged it. Statements made by the complaining witness are frequently untrue or exaggerated. In addition, prosecutors must prove that the defendant's intent was to damage the property in question and not the result of an accident.

Penalties & Fines

In Washington State, Malicious Mischief can be charged as a gross misdemeanor or a felony. In Pierce County and King County courts, the crime is typically charged based upon the dollar amount of the damaged or vandalized property.

• Class B felony

• Property damage exceeds $5000

• Maximum jail time is 10 years

• Maximum fine is $20,000

• Class C felony

• Property damage is more than $750 but does not exceed $5000

• Maximum jail time is 5 years

• Maximum fine is $10,000

• Gross Misdemeanor

• Property damage or vandalism is $750 or less

• Maximum jail time is 364 days

• Maximum fine is $5000

Destruction of Property & Vandalism

The name of the crime varies depending upon the court that handles the criminal complaint. In Tacoma Municipal Court, the official name of the crime is Destruction of Property. Malicious Mischief is the name of the charge in the Puyallup, Federal Way, and Lakewood, WA courts. Destruction of Property and Vandalism are subject to the same property damage limits and criminal consequences as Malicious Mischief.

Property Crime Defense

There are many objections that can be raised by a good Malicious Mischief attorney. For example, it can be very difficult to determine the intent of the accused. If the case proceeded to a jury trial, the state must prove beyond a reasonable doubt that you intended to damage the property in question.

Another issue for negotiations is the dollar value that the prosecution places on the damaged property. It can be very difficult to determine the value of used property. These types of evidentiary issues can lead to a full case dismissal, not guilty verdict, or reduced criminal charges.

It is important to discuss your property crime charges with an experienced Malicious Mischief lawyer. Cristine Beckwith has extensive experience defending clients from property crimes in Pierce County and King County courts, including Tacoma, Puyallup, Federal Way, Lakewood, and Auburn, WA. Cristine will carefully examine all evidentiary issues and will fight the allegations you are facing. As your attorney, Cristine will explore all possible legal remedies and will defend you at trial if it becomes necessary.