How Is Malicious Mischief Defined in Washington?

Malicious mischief is a serious property offense that can vary from minor acts like graffiti to significant destruction that impairs public utilities or safety. Washington law classifies this crime into three degrees, based on the extent of damage and its impact on the community or individual property owners.

If you are facing malicious mischief charges, it is important to understand these distinctions so that you know what to expect during the legal process. In these situations, a Washington criminal defense attorney can help you understand your legal rights and build a strong case to protect your future.

The Three Degrees of Malicious Mischief Crimes in Washington State

In Washington State, malicious mischief, also known as vandalism or destruction of property, is taken very seriously. This crime involves knowingly and maliciously causing physical damage to someone else’s property. 

The Revised Code of Washington defines malicious mischief in three separate statutes. To convict someone of this crime, the prosecutor must prove beyond a reasonable doubt that the offense in question occurred.

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.

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.

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.

Potential Penalties for Malicious Mischief Crimes

The penalties for malicious mischief in Washington State vary based on the degree of the offense, with each carrying potential jail time and significant fines. 

• Malicious Mischief in the Third Degree: This crime is a gross misdemeanor and carries the least severe penalties out of the three charges. A person convicted of malicious mischief in the third degree can face up to 364 days in jail and a fine of up to $5,000.
• Malicious Mischief in the Second Degree: This offense is a Class C felony. A person convicted of malicious mischief in the second degree can face up to five years in jail and a fine of up to $10,000. 
• Malicious Mischief in the First Degree: This crime is a Class B felony and carries the most severe penalties. A person convicted of malicious mischief in the first degree can face up to 10 years in jail and a fine of up to $20,000.

Potential Defenses to Malicious Mischief Crimes

Facing charges of malicious mischief in Washington State can be daunting, but you have the right to defend yourself against these accusations. Depending on the facts of your case, your attorney can leverage various defenses to help disprove the allegations against you and weaken the prosecution’s arguments. These may include:

• Lack of Intent: Proving that you did not have the intent to cause harm or damage can be a powerful defense. Malicious mischief requires a showing of intent; if it was an accident, this defense could apply.
• Mistaken Identity: This defense is applicable if there is evidence to suggest that you were not involved in the incident. Surveillance footage, alibis, and witness testimony can support this defense.
• Property Ownership: If you had a reasonable belief that you had the right to damage the property in question, this might serve as a defense. This could apply in cases where there is a dispute over property ownership or rights.
• Violations of Constitutional Rights: This defense may apply if law enforcement violated your constitutional rights during the investigation or arrest. For example, if evidence was obtained without a warrant or if there was an unlawful search and seizure, these issues can be used to challenge the prosecution’s case.

Contact a Washington Criminal Defense Lawyer Today

If you are navigating a malicious mischief charge in Washington, you can feel scared and overwhelmed. A criminal defense lawyer in Tacoma can provide valuable support during this time, defending your rights and fighting for the best possible outcome on your behalf. To learn more about your defense options, contact an attorney as soon as possible and discuss your path forward.