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BELLEVUE MALICIOUS MISCHIEF ATTORNEYS
Washington State's malicious mischief statutes, RCW 9A.48.070–.090 were recently revised as of April 18, 2017. It is critical that you hire an attorney that knows the nuances of the previous version of the law, and knows how the new definitions change what could potentially happen to you. If you or someone close to you has been charged with the crime of malicious mischief, you will want a Skagit criminal defense attorney from our firm to represent you. Our firm brings more than three decades of experience to the defense of you or your loved one.
Malicious mischief, is an offense that is frequently, although not necessarily, seen attached to some variety of a domestic violence offense. Like many other offenses, the crime of "malicious mischief" is actually divided into three distinct categories based on what the defendant was thinking at the time he or she allegedly committed the offense, what type of property was damaged, and the value of that property.
Malicious mischief in the 1st degree is the most severe, and malicious mischief in the 3rd degree is the least severe. In order to be convicted of malicious mischief, the State needs to prove that the person arrested acted knowingly, and with "malice." Naturally, many of our clients ask us, what exactly does malice mean?
Like with nearly every other statute where the alleged offender's mental state must be proven, the State typically tries to prove malice by inference. In other words, the State has no idea, absent the Defendant's admission, what he or she was thinking at the time of the offense. But, the Defendant's mental state can be proven using the circumstances surrounding the action to prove what he or she was thinking.
With regard to malicious mischief, the Defendant acted with malice if he or she did: an act done willful disregard of the rights of another; (2) an act wrongfully done without just cause or excuse; or (3) an act or omission of duty betraying a willful disregard of social duty.
Malicious Mischief in the First Degree
Malicious mischief in the 1st degree, RCW 9a.48.070, the most serious version of malicious mischief, is a class B felony. The maximum punishment allowable by statute is: 10 years in prison; $20,000 fine; or both. Our state recently expanded the scope of malicious mischief in the 1st degree by adding another category of conduct to the statute. There are now four different ways a person can be committed. In each of these instances, the defendant needed to have acted knowingly, and maliciously:
1. Causes physical damage to the property of another in an amount exceeding $5,000;
2. Causes an interruption or impairment of service rendered to the public by physically damaging or tampering with:
a. an emergency vehicle or property of the state, or a political subdivision thereof
b. a public utility or mode of public transportation, power, or communication
3. Causes an impairment of the safety, efficiency, or operation of an aircraft by physically damaging or tampering with the aircraft or aircraft equipment, fuel, lubricant, or parts;
4. Causes an interruption or impairment of service rendered to the public by, without lawful authority, physically damaging, destroying, or removing an official ballot deposit box or ballot drop box or, without lawful authority, damaging, destroying, removing, or tampering with the contents thereof.
RCW 9A.48.070
Malicious mischief in the first degree.
(1) A person is guilty of malicious mischief in the first degree if he or she knowingly and maliciously:
(a) Causes physical damage to the property of another in an amount exceeding five thousand dollars;
(b) Causes an interruption or impairment of service rendered to the public by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication;
(c) Causes an impairment of the safety, efficiency, or operation of an aircraft by physically damaging or tampering with the aircraft or aircraft equipment, fuel, lubricant, or parts; or
(d) Causes an interruption or impairment of service rendered to the public by, without lawful authority, physically damaging, destroying, or removing an official ballot deposit box or ballot drop box or, without lawful authority, damaging, destroying, removing, or tampering with the contents thereof.
(2) Malicious mischief in the first degree is a class B felony.
Malicious Mischief in the Second Degree
Malicious mischief in the 2nd degree, RCW 9a.48.080, is the second most serious version of malicious mischief. It is considered a class C felony. The maximum punishment allowable by statute is: 5 years in prison; $10,000 fine; or both.
Second degree malicious mischief was also recently expanded by creating another category of criminal conduct. Malicious mischief in the second degree is VERY similar to first degree, with the only real difference being the value of the property damaged. In each of these instances, the defendant needed to have acted knowingly, and maliciously:
1. Causes physical damage to the property of another in an amount exceeding $750;
2. Causes an interruption or impairment of service rendered to the public by physically damaging or tampering with:
a. an emergency vehicle or property of the state, or a political subdivision thereof
b. a public utility or mode of public transportation, power, or communication
3. Creates a substantial risk of interruption or impairment of service rendered to the public by, without lawful authority, physically damaging, destroying, or removing an official ballot deposit box or ballot drop box or, without lawful authority, damaging, destroying, removing, or tampering with the contents thereof.
RCW 9A.48.080
Malicious mischief in the second degree.
(1) A person is guilty of malicious mischief in the second degree if he or she knowingly and maliciously:
(a) Causes physical damage to the property of another in an amount exceeding seven hundred fifty dollars;
(b) Creates a substantial risk of interruption or impairment of service rendered to the public, by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication; or
(c) Creates a substantial risk of interruption or impairment of service rendered to the public by, without lawful authority, physically damaging, destroying, or removing an official ballot deposit box or ballot drop box or, without lawful authority, damaging, destroying, removing, or tampering with the contents thereof.
(2) Malicious mischief in the second degree is a class C felony.
Malicious Mischief in the Third Degree
Malicious mischief in the 3rd degree, RCW 9a.48.090, is the least serious version of malicious mischief. It is considered a gross misdemeanor. The maximum punishment allowable by statute is: 364 days in jail, and a $5,000 fine, or both.
Unlike 1st and 2nd degree malicious mischief, the misdemeanor provision was not expanded this year. In order to be convicted of malicious mischief in the 3rd degree the Defendant must have:
1. Knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; OR
2. Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree.
Third degree misdemeanor will normally be charged in cases of tagging and graffiti, and it can also include cases where computer records, data, information and programs are interrupted or interfered with.
RCW 9A.48.090
Malicious mischief in the third degree.
(1) A person is guilty of malicious mischief in the third degree if he or she:
(a) Knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or
(b) Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree.
(2) Malicious mischief in the third degree is a gross misdemeanor.
Regardless of where it occurred or how, if you have been charged with this crime you should consult with a Bellevue criminal defense lawyer as soon as possible to find out how our team of professionals can help.
Ideally in any case your criminal defense attorney would be able to get the charges completely dropped. While that is always the goal, it is not always possible. You can, however, trust that we will do everything legally possible to either eliminate or minimize the consequence to you.
Not surprisingly, many people are shocked, overwhelmed, and confused not only by the arrest itself, but the statutory scheme we have here in Washington State. The attorneys at Washington Criminal Attorneys, understand how unfair this can feel. We understand the emotions that run through our client's minds when they are arrested. Most of our clients are not career criminals.
They are simply people that might have made a poor decision, and as the old adage goes, "bad things happen to good people." It is our job to tell your story, to position you the right way in front of both the prosecutor and the court, to make sure we are available when you need us, and to offer our guidance throughout this confusing and overwhelming process.
Most of our clients do not understand what they can and cannot do when the police are called and they start asking questions. Most understandably, and unfortunately make the mistake of cooperating with whatever the police officer asks them to do. This is not your fault! We've all been taught since a very young age to respect authority, and when police officers ask you to do something, you do it. Period.
But, most people do not understand that cooperating with the police only gives them more information to work with, and ultimately to arrest you. Getting arrested is an overwhelming experience. There are often multiple police officers. You and the other person are separated and questioned apart from one another. The officer starts asking very general, broad questions, and then starts getting more and more specific.
In these types of situations, most people make the mistake of thinking that if only the police officer understood what lead to the conduct they are alleging, that would somehow convince the officer to leave. The sad truth is that once the police are dispatched, the overwhelming odds are that someone is getting arrested.
That does not mean you cannot defend yourself, or that the case is over!
We will look for any violation of your rights or grounds for challenging your arrest. We will look to see whether the police had any basis to come to contact you in the first place. We will verify the existence of any 911 calls, and pour through your arrest report for any inconsistencies, or exonerating information. If it is in your best interest, we will work to either eliminate the no contact order, or at least modify it to "non-hostile contact."
That means you can call, text, or email the other person, but the minute any threats are made, you are in violation. Sometimes we can only modify it so that you are able to communicate though a friend, or loved one. There are many, many, creative ways to attack these cases.
We will not rest until every last piece of information is challenged. You deserve the best, and that is exactly what you receive when you hire Washington Criminal Attorneys.
If any of this sounds like it happened to you, call us immediately. Now that you have been criminally charged, a million thoughts are running through your mind. What happens next? How will I get to work? Will I lose my job? Will I be prevented from advancing my career? Can I relocate? Am I on probation right now? Can I still go home? Can I see my children? Where am I supposed to live now? When you call our offices, you will speak to one of our experienced criminal defense attorneys, and we will take the time to go through all of your questions in detail.
The initial consultation is free, and we will take the time to learn about your specific case, and give you our honest assessment of where your case stands. Remember, NEVER speak to the police, detectives, or anyone from the prosecutor's office without an attorney.
They have one job, and that is to make sure you are convicted. If you are reading this page you have been charged with a criminal offense. It is now them against you. With something as important as your freedom at stake, don't make the mistake of handling your criminal charge alone.
Washington Criminal Attorneys will be there for you, and go to battle for your defense.
Tough Counsel for Tough Times
Malicious Mischief charges involving domestic all revolve around allegations of knowingly and maliciously causing actual physical damage to the property of a family member. As a practical matter, the degree charged is based entirely on the dollar amount of the alleged property damage.
Thus, the amount of the damage alleged under the Washington Malicious Mischief statute is critical. It is critical because it will determine whether or not you are charged with a felony. If the amount of the alleged damage is greater than $750, you will probably be charged with a felony.
