What is 4th Degree Criminal Mischief?
Introduction
Criminal mischief is a criminal offense that involves intentionally damaging or destroying another person’s property without their consent. There are different degrees of criminal mischief, with each degree carrying a specific penalty. In this article, we will explore the definition and consequences of 4th degree criminal mischief.
What is 4th Degree Criminal Mischief?
Definition
4th degree criminal mischief is a non-violent felony offense in some jurisdictions. It involves intentionally damaging or destroying less than $400 worth of property. This offense is often charged as a Class D felony, which carries a penalty of up to 5 years in prison.
Elements of the Offense
To prove a charge of 4th degree criminal mischief, the prosecution must demonstrate that:
• The defendant intentionally damaged or destroyed another person’s property
• The damage or destruction caused was worth less than $400
• The defendant did not have the property owner’s consent to damage or destroy the property
Examples of 4th Degree Criminal Mischief
• Damaging a mailbox or a minor scratch on a car door
• Defacing or destroying a building or monument with a small amount of graffiti
• Breaking a small window or damaging a piece of furniture
Penalties for 4th Degree Criminal Mischief
As mentioned earlier, 4th degree criminal mischief is typically charged as a Class D felony. The penalties for a Class D felony conviction include:
• Up to 5 years in prison
• Up to a $5,000 fine
• Probation, which may include community service, counseling, or other conditions
Comparison to Other Degrees of Criminal Mischief
4th degree criminal mischief is less serious than 3rd degree criminal mischief, which involves intentionally damaging or destroying property worth $400 or more. 4th degree criminal mischief is also less serious than 2nd degree criminal mischief, which involves intentionally damaging or destroying property with reckless disregard for human life.
How to Defend Against 4th Degree Criminal Mischief Charges
If you have been charged with 4th degree criminal mischief, there are several strategies that your attorney may use to defend your case. These include:
• Contesting the value of the property damage
• Demonstrating that the damage was accidental or unintentional
• Highlighting any potential witnesses or evidence that contradict the prosecution’s case
Table: Comparison of Degrees of Criminal Mischief
| Degree | Description | Penalty |
|---|---|---|
| 1st | Intentionally damages or destroys property with reckless disregard for human life | Class A felony, up to 20 years in prison |
| 2nd | Intentionally damages or destroys property | Class C felony, up to 5 years in prison |
| 3rd | Intentionally damages or destroys property worth $400 or more | Class D felony, up to 5 years in prison |
| 4th | Intentionally damages or destroys property worth less than $400 | Class D felony, up to 5 years in prison |
Conclusion
In conclusion, 4th degree criminal mischief is a non-violent felony offense that involves intentionally damaging or destroying property worth less than $400. While the penalties for this offense are generally less severe than those for more serious criminal mischief offenses, it is still a serious charge that can carry significant consequences, including prison time and fines. If you have been charged with 4th degree criminal mischief, it is important to consult with an experienced criminal defense attorney who can help you build a strong defense and mitigate the consequences of the offense.
