Criminal Defense Criminal mischief

by | Jun 26, 2019 | Criminal Defense

In the Commonwealth of Pennsylvania, the act commonly referred to as vandalism in criminal defense cases, is legally defined as criminal mischief in the Pa crimes code. Specifically, criminal mischief is defined under section 3304. Juvenile sex crimes It states that an individual has committed the act if they intentionally did any of the following without the property owners consent: damaged the personal or real (land) property of another; defaced or otherwise damaged physical property with graffiti by use of any aerosol spray-paint can, broad-tipped indelible marker, or similar marking device; defaced property by discharging a paintball gun or paintball marker at that property; or recklessly or negligently damaged someone else’s property by fire, explosives, or other dangerous means. Due to the fact that each act of vandalism is unique, the penalties for the statute vary. The biggest factor that is looked when deciding how to grade the offense is, the amount of damage that was done to the property.

In Criminal Mischief cases concerning criminal defense, the more damage that was done to the property, the higher the grader and the harsher penalties that are imposed. If the damages done was under $500, it is a summary offense. For it to be considered a misdemeanor of the third or second degree, the damage must be between $500 and $5000. criminal evidence in a cell phone Anything more than $5000 worth of damages is a felony of the third degree. Pennsylvania is very strict on criminal mischief offenses. In fact, a separate statute for vandalizing schools, churches and cemeteries was created with harsher penalties for any property that was damaged on the grounds. Often times vandalism is seen as an offense where “kids will be kids”. However due to the ranging penalties and the fact that the commonwealth takes vandalism seriously, if you have been charged with a criminal mischief offense, it is important to seek good legal representation. A good defense attorney will assess the facts of your case and help you build a defense. The attorneys at the Bellwoar Kelly, LLPare experienced attorneys who will fight for the best possible resolution given the facts of your particular case.

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