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Criminal mischief refers to a category of crimes that involve the intentional and malicious damage of another person’s property. The definition of property, in this case, is broad but it often involves buildings and motor vehicles. The penalties for criminal mischief can vary depending on the value of the property that was damaged. If you find yourself facing a criminal mischief charge, call Hatfield Law to speak with an experienced criminal defense lawyer.
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Benefits of Hiring Hatfield Law for CriminalMischief Cases
At Hatfield Law, we understand that no two cases are the same. This is the reason why we tailor our strategy to fit the unique circumstances of your criminal mischief case. We’ll do an independent investigation to turn over every fact involved in your case.
Save as PDFAbout Criminal Mischief Cases
IC 35-43-1-2
Sec. 2 . (A) A person who recklessly, knowingly, or intentionally damages or defaces property of another person without the other person’s consent commits criminal mischief, a Class B misdemeanor. However, the offense is:
- (1) a Class A misdemeanor if the pecuniary loss is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000); and
- (2) a Level 6 felony if:
- (a) the pecuniary loss is at least fifty thousand dollars ($50,000);
- (b) the damage causes a substantial interruption or impairment of utility service rendered to the public;
- (c) the damage is to a public record; or (D) the damage is to a law enforcement animal (as defined in IC 35-46-3-4.5 ).
(B) A person who recklessly, knowingly, or intentionally damages:
- (1) a structure used for religious worship without the consent of the owner, possessor, or occupant of the property that is damaged;
- (2) a school or community center without the consent of the owner, possessor, or occupant of the property that is damaged;
- (3) the property of an agricultural operation (as defined in IC 32-30-6-1 ) without the consent of the owner, possessor, or occupant of the property that is damaged:
- (4) the grounds:
- (a) adjacent to; and
- (b) owned or rented in common with;
a structure or facility identified in subdivisions (1) through (3) without the consent of the owner, possessor, or occupant of the property that is damaged; - (5) personal property contained in a structure or located at a facility identified in subdivisions (1) through (3) without the consent of the owner, possessor, or occupant of the property that is damaged;
- (6) property that is vacant real property (as defined in IC 36-7-36-5 ) or a vacant structure (as defined in IC 36-7-36-6 ); or
- (7) property after the person has been denied entry to the property by a court order that was issued:
- (a) to the person; or
- (b) to the general public by a conspicuous posting on or around the property in areas where a person could observe the order when the property has been designated by a municipality or county enforcement authority to be a vacant property, an abandoned property, or an abandoned structure (as defined in IC 36-7-36-1 );
commits institutional criminal mischief, a Class A misdemeanor. However, the offense is a Level 6 felony if the pecuniary loss (or property damage, in the case of an agricultural operation) is at least seven hundred fifty dollars ($750) but less than fifty thousand dollars ($50,000), and a Level 5 felony if the pecuniary loss (or property damage, in the case of an agricultural operation) is at least fifty thousand dollars ($50,000).
(C) A person who recklessly, knowingly, or intentionally damages property:
- (1) during the dealing or manufacture of or attempted dealing or manufacture of a controlled substance; and
- (2) by means of a fire or an explosion; commits controlled substances criminal mischief, a Level 6 felony. However, the offense is a Level 5 felony if the offense results in moderate bodily injury to any person other than a defendant.
(D) If a person is convicted of an offense under this section that involves the use of graffiti, the court may, in addition to any other penalty, order that the person’s operator’s license be suspended or invalidated by the bureau of motor vehicles for not more than one (1) year.
(E) The court may rescind an order for suspension or invalidation under subsection (d) and allow the person to receive a license or permit before the period of suspension or invalidation ends if the court determines that the person has removed or painted over the graffiti or has made other suitable restitution.
(F) For purposes of this section, “pecuniary loss” includes:
- (1) the total costs incurred in inspecting, cleaning, and decontaminating property contaminated by a pollutant; and
- (2) a reasonable estimate of all additional costs not already incurred under subdivision (1) that are necessary to inspect, clean, and decontaminate property contaminated by a pollutant, to the extent that the property has not already been:
- (a) cleaned;
- (b) decontaminated; or
- (c) both cleaned and decontaminated.
The term includes inspection, cleaning, or decontamination conducted by a person certified under IC 13-14-1-15.
Save as PDFWhy Should You Hire Hatfield Law for Criminal Mischief Cases?
Hatfield Law has successfully secured case dismissals, charge reductions, and alternative sentences to avoid jail. We negotiate to our clients satisfaction, or demand your day in court. Criminal defense is about more than the system, law, or best/worst case outcomes. It is about you. It is about getting you back to the life that you had before the arrest.
If you want to schedule a free consultation with one of our assault attorneys, feel free to contact us now. You can call Hatfield Law at 812-422-0222 or send an email to ryan@hatfieldlaw.com or david@hatfieldlaw.com.
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