New Jersey Criminal Mischief Lawyer - Matthew V. Portella, LLC

Charged with Criminal Mischief in New Jersey?

Criminal mischief sounds minor, but in New Jersey, it can lead to serious criminal charges and even jail time. It covers everything from breaking a window to damaging public property — and prosecutors treat it as more than just a prank. If you’re facing this charge, don’t assume it’ll go away on its own. Talk to a skilled criminal mischief lawyer before things spiral out of control.

👉 Reach out now for a confidential consultation with an experienced criminal mischief lawyer who’s ready to fight for you.

What Counts as Criminal Mischief in NJ?

Under N.J.S.A. 2C:17-3, criminal mischief means damaging someone else’s property either on purpose or through reckless behavior. The law doesn’t care if the damage was permanent or temporary — even tagging a wall with graffiti or keying a car can land you in serious trouble.

Some common examples:

Slashing someone’s tires
Breaking a phone or laptop during a fight
Smashing windows or kicking in a door
Spray-painting public property or monuments
Knocking over gravestones or damaging cemeteries
Interfering with utilities like electric, gas, or water

If it involves damage, and someone else owns the property, it can turn into a criminal mischief charge.

Degrees of Criminal Mischief and Penalties

Criminal mischief in New Jersey is graded based on how much damage was done and what kind of property was involved.

Disorderly persons offense (damage under $500): Up to 6 months in jail and a fine of up to $1,000.
Fourth-degree crime (damage between $500 and $2,000): Up to 18 months in prison.
Third-degree crime (damage over $2,000, or to certain types of property like utilities, schools, or graves): 3 to 5 years in prison.

You may also face:

Restitution to the property owner
Community service
A criminal record that shows up on background checks

If you’ve been in trouble before, prosecutors are more likely to push for jail time.

You Might Be Surprised How Easy It Is to Get Charged

Maybe you got into an argument and threw something. Maybe you damaged your own property during a breakup — but it was jointly owned. Maybe you thought what you did was a joke. It doesn’t take much for a simple mistake to become a criminal charge.

Cops often arrest first and sort out the details later. That’s why you need an experienced criminal mischief lawyer to step in quickly.

How a Criminal Mischief Lawyer Can Help

Every case has two sides. A good lawyer will dig into what really happened, whether you had the right to be on the property, if the damage was intentional, or if it was someone else entirely. Possible defenses include:

No intent to damage
False accusations
Mistaken identity
Accidental damage
Value of damage exaggerated

The burden is on the prosecution to prove guilt beyond a reasonable doubt. If there’s uncertainty, your lawyer can use that to get charges reduced or dismissed.

Frequently Asked Questions

Can I go to jail for criminal mischief in New Jersey?
Yes. Even a first offense can lead to jail time depending on the value of the property damaged and whether the act was intentional or reckless.

What if I paid for the damage afterward?
Paying for the damage might help with restitution or during plea negotiations, but it doesn’t automatically make the charge go away.

Is criminal mischief the same as vandalism?
In New Jersey, “vandalism” isn’t a legal term. It’s generally covered under the criminal mischief statute.

Don’t Let a Split-Second Decision Ruin Your Record

Whether it was a heated moment or a misunderstanding, a criminal mischief charge can follow you for life. Matthew V. Portella, Esq. has spent over 30 years defending people across New Jersey. He knows how prosecutors build their case — and how to break it down.