10/31/2023 0 Comments Malicious mischief 3 penalty![]() ![]() The amount of the loss is the reduction to the current value. ![]() Many victims try to use the replacement value of the item as the value of a loss, but the owner is NOT generally entitled to replacement value. Therefore, even if the person damaged the property, it may be possible to fight the severity of the charge based upon the damage caused. In a criminal mischief case, the prosecution must prove that the person caused damage to the property AND must prove the value of the loss or damage to property. Summary – maximum sentence of 90 days in jail and a $300.00 fine – covers all criminal mischief charges not included above.Third Degree Misdemeanor – maximum sentence of 1 year in jail and a $2,000.00 fine – if the defendant intentionally or recklessly causes a loss above $500.00 OR if the loss was over $150.00 and was the result of defacing public property with graffiti.Second Degree Misdemeanor – maximum sentence of 2 years in jail and a $5,000.00 fine – if the value of the loss is over $1,000.00. ![]()
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