Malicious Mischief

In Washington State, Malicious Mischief 3 or Destruction of Property charges are filed when a person is believed to have knowingly and maliciously caused physical damage to the property of another person or business. Malicious Mischief is also the charge for graffiti or vandalism of public or private property.

Most arrests that we investigate are based on the alleged victim's accusations, which may be false, exaggerated, or at least one-sided. The arresting police officer will sometimes pressure an alleged victim to agree with their opinion of what happened.

This is especially true when law enforcement responds to a domestic violence (DV) call. An experienced malicious mischief attorney can protect your rights and build a case to support your side of the story.   

Malicious Mischief 3 (3rd degree) can have a domestic violence designation attached to the charge if the victim is a current or past intimate partner, family member, or roommate. There are enhanced penalties for a Malicious Mischief 3 DV conviction in WA State.

If a domestic relationship can be established, there are often questions about who owns the property and who was responsible for damaging it. In addition, a prosecutor must prove that the defendant's intent was to damage the property and not the result of an accident.

When law enforcement arrives at a residence to investigate a domestic disturbance, they are trained to look for destroyed property in addition to signs of an assault. For this reason, Malicious Mischief or Destruction of Property is commonly charged on the same incident report as a DV assault. At Beckwith Law, we fight all charges associated with the incident report. 

In Washington State, Malicious Mischief can be charged as a gross misdemeanor or a felony. The charges are based on the dollar amount of the damaged or vandalized property.

• Gross Misdemeanor
• Property damage or vandalism is $750 or less
• Maximum jail time is 364 days
• Maximum fine is $5000

• Class C felony
• Property damage or vandalism is more than $750 but does not exceed $5000
• Maximum jail time is 5 years
• Maximum fine is $10,000

• Class B felony
• Property damage or vandalism exceeds $5000
• Maximum jail time is 10 years
• Maximum fine is $20,000

There is a Compromise of Misdemeanor law in WA State that can be used to prevent a conviction if the charge does not involve domestic violence and:

1. The victim agrees to be compensated for the damaged property
2. The judge receives proof that the victim was compensated
3. There was no intent to commit a felony crime
4. The property damage or vandalism did not occur during a riot or against a public official
5. The Court approves the motion to dismiss the charge

In Washington State, the name of the crime depends on the court that handles the criminal complaint. For example, in Seattle and Tacoma Municipal Courts, the official name of the crime is Destruction of Property. Malicious Mischief is the name of the charge in the Bellevue, Puyallup, Kent, Olympia, and Lakewood, WA courts. 

Destruction of Property and Vandalism are subject to the same property damage limits and criminal consequences as Malicious Mischief.

There are many legal arguments that can be raised by a good Malicious Mischief attorney. WA State has the burden to prove (beyond a reasonable doubt) that you intended to damage or vandalize the property in question.

For a felony Malicious Mischief 2 charge, the dollar value that the prosecutor places on the damaged property is an issue for negotiations. It can be very difficult to determine the value of used property. 

In a domestic violence Malicious Mischief case, it can be difficult to prove who owns the damaged property. These types of evidentiary issues can lead to a full case dismissal (dropped charges), a not guilty verdict, slow dismissal, or reduced criminal consequences.

At Beckwith Law, we have a proven track record for successfully defending clients from property destruction crimes & domestic violence in Pierce County, King County, Snohomish County, Kitsap County, & Thurston County courts, including Tacoma, Seattle, Bellevue, Puyallup, Everett, Kent, Olympia, & Lakewood, WA. 

We have office locations in Seattle & Tacoma, and we can be called any day of the week (including after-hours) for a free consultation. 

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