Stealing a garden gnome statue or covering the neighbor’s garage door with graffiti may seem like harmless pranks. However, these activities are considered acts of vandalism and may result in criminal mischief charges being filed against the perpetrator.
When someone under the age of 18 is accused of vandalism, it is a juvenile offense. Once charges have been set, the burden of proof falls to the prosecution in the courtroom, where the focus is on rehabilitating the juvenile whenever possible. Yet, the court may choose to punish the individual more severely in certain circumstances.
How does New Jersey handle Criminal Juvenile Mischief?
Criminal mischief is legally defined as an act of vandalism that is committed intentionally, knowingly and/or recklessly under N.J.S.A. § 2C:17-3. Juvenile criminal mischief penalties may differ depending on the severity of the offense and the juvenile’s criminal record. Juvenile criminal mischief cases are predominantly associated with property destruction, and penalties are assessed as follows:
- When property damage is less than $500, the perpetrator is charged as a disorderly person, resulting in a fine of up to $1,000.
- Property damage that is valued between $500 and $2,000 is considered a fourth-degree crime. It is punishable by up to 12 months in prison and a fine of up to $10,000.
- Property damage that exceeds $2,000 is classified as a third-degree felony. This can result in a maximum prison sentence of 2 years and a fine of up to $15,000.
A juvenile with no prior criminal record would likely be required to make restitution for the damage and may be assigned community service. They may also be placed on supervised probation. On the other hand, a juvenile with prior offenses might receive probation along with required counseling or admission to a residential facility.
The severity of the crime determines the severity of the punishment. Therefore, it is recommended that the parents or guardians of the accused seek assistance with the case.