The Defenses Available in a Criminal Mischief Case

Criminal mischief might sound like a minor offense but can lead to jail time and a tangible fine, depending on whether it is classified as a felony or misdemeanor. This charge involves intentionally damaging, defacing, or tampering with property. That includes utility services, public transport, and so on.

The charges for criminal mischief vary from one state to another and depend on the severity of the damage. When accused of criminal mischief, it is important to know that several defenses can be used to fight the charges. Let’s discuss some of these defenses. 

Lack of Intent

To be considered guilty of criminal mischief, the prosecution must prove that you acted on purpose. If the damage was in any way accidental and not malicious or happened because of a misunderstanding, you might have a valid defense. 

For example, if you accidentally broke a neighbor’s fence while mowing your lawn. This is very different from kicking it down intentionally. Another instance is breaking a window to escape what you thought was a fire. 

Mistaken Identity

Another defense is mistaken identity. It is possible that another person caused the damage, and you were just at the wrong place at the wrong time. Maybe a witness was confused, or the police arrested the wrong person based on a vague description and resemblance. 

If you have an alibi or can show that you were not near the scene when the damage happened, this can help clear your name. 

You Had Consent from the Property Owner

If you had permission from the property owner to do what you did, you might not be guilty of criminal mischief. For instance, if your friend asked you to paint their wall and later became upset because they didn’t like the color. You can argue this is simply a disagreement and not a crime. 

However, proving you had consent can be very difficult, especially if it was verbal. However, with the right evidence, your lawyer can build a strong defense. 

Lack of Evidence

Evidence is everything in any criminal case. This burden of proof falls on the prosecution. That means they must show beyond reasonable doubt that you are guilty. If there is not enough evidence to prove that you actually committed the act or the proof is weak, your attorney can argue that the case should be dismissed or you should be found not guilty. 

Belief You Had the Right to the Property

Sometimes, criminal mischief charges come from property disputes. Maybe you thought the property was yours or believed you could legally make changes. For instance, in family or landlord-tenant situations. You may think that you can remove or damage something in a house because, at the time, you’re living there. 

If you can prove that you truly believed that you had the right, your intentions might not meet the legal definition of criminal mischief.

Challenging the Value and Severity of the Damage

Sometimes, the type and value of the damage are exaggerated. Scratches, dents, or other minor issues may not rise to the level of criminal mischief, particularly when the repair costs are low. 

If the charges were based on inflated estimates or emotional reactions, your attorney might be able to reduce or dismiss them by showing that the damage was minor or accidental. 

Conclusion

Facing a criminal mischief charge can be very stressful, but there are multiple defenses that can come to your help. If you are ever in such a situation, it is best to speak with a criminal defense lawyer who can build a strong case against the prosecution.