Understanding Vandalism Charges in New Jersey
Vandalism might seem like a minor offense, especially when it’s something like graffiti or a broken window. But in New Jersey, vandalism can carry serious consequences. Whether it’s damaging someone’s property on purpose or even just tagging a building, the law takes it seriously. And if you’re charged, you’ll need a vandalism lawyer who knows how to challenge the evidence and fight for your rights.
👉 Call Matthew V. Portella, Esq. today for a confidential case evaluation.
What Is Vandalism Under New Jersey Law?
New Jersey doesn’t use the word “vandalism” in its statutes. Instead, it falls under criminal mischief (N.J.S.A. 2C:17-3). This includes:
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Damaging someone else’s property
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Tampering with property to cause danger or loss
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Defacing public or private property (including graffiti)
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Destroying communication or public utility lines
Depending on the amount of damage or the type of property involved, the charges can range from a disorderly persons offense to a third-degree crime.
Is Vandalism a Felony in NJ?
It can be. If the damage is minor (under $500), it may be treated as a disorderly persons offense. But damage over $500—or any interference with public utilities—can lead to an indictable (felony-level) offense. For example:
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$500–$2,000 in damage = fourth-degree crime
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$2,000+ in damage = third-degree crime
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Damage to public utilities = third-degree crime
These charges can result in prison time, thousands in fines, and a criminal record.
Common Defenses a Vandalism Lawyer Might Use
Being charged doesn’t mean you’re guilty. A seasoned vandalism lawyer can examine the facts, question the state’s evidence, and raise legal defenses. Some possible defenses include:
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Mistaken identity: Someone else committed the act.
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Lack of intent: You didn’t mean to cause damage, and it wasn’t reckless.
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Property ownership: You had a right to alter or access the property.
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Constitutional violations: The police violated your rights during search or arrest.
Your lawyer’s job is to dig into the details and expose weaknesses in the state’s case.
What Should You Do if You’re Accused?
Don’t talk to the police without a lawyer. Even if the damage was small or you think it’s no big deal, what you say can be used against you. Don’t admit guilt or offer to pay for damages before speaking to an attorney. The right legal strategy early on can make a huge difference in the outcome.
Call a Vandalism Lawyer in New Jersey Today
If you’re facing vandalism charges, Matthew V. Portella is ready to help. With over 25 years of criminal defense experience, he knows how to challenge police reports, cross-examine witnesses, and negotiate favorable outcomes. You don’t have to face the legal system alone.
👉 Contact Matthew V. Portella, Esq. today for a confidential case evaluation.
FAQs About Vandalism Charges
Is graffiti considered vandalism in New Jersey?
Yes. Graffiti is a form of criminal mischief. Even using chalk or paint on public or private property without permission can lead to charges.
Can vandalism charges be dropped?
They can, depending on the circumstances. A vandalism lawyer may be able to negotiate with the prosecutor or raise strong defenses that lead to dismissal.
What if I was charged for vandalism as a juvenile?
Juvenile cases are handled differently in family court. Penalties may focus more on rehabilitation, but serious damage can still lead to harsh consequences.