When one thinks of criminal mischief, one may think of mischievous teenagers terrorizing a neighborhood. Criminal mischief involves a number of activities that generally involve property damage.
Some examples of criminal mischief include, but are not limited to, the following:
- Destruction of private property
- Destroying public property
- Putting sugar in a gas tank
- Tagging (spray painting)
- Defacing statues or damaging a public park
Attorney for Criminal Mischief Charges in Salt Lake City, UT
If you or someone you know has been charged with criminal mischief in violation of Utah Criminal Code 76-6-106, contact Susanne Gustin Attorney at Law.
Susanne Gustin is an attorney who has been practicing Utah law for twenty-five years. Attorney Gustin is an experienced and dedicated litigator who will fight to obtain the best possible result for you.
A conviction for criminal mischief can seriously damage a young person’s reputation and future. It is imperative that he or she speak to a lawyer immediately.
Susanne Gustin Attorney at Law takes clients in Salt Lake County, and in the surrounding areas like, Toole County, Utah County, Summit County, Weber County, and Davis County, Utah.
Call (801) 243-2814 now to schedule a one-on-one consultation with our experienced criminal defense attorney.
Criminal Mischief Information Center
- What Are The Elements of Criminal Mischief?
- What Are The Penalties for a Criminal Mischief Conviction?
- What Are Some Examples of Criminal Mischief?
Elements of Criminal Mischief under Utah Law
According to Utah Criminal Code Section 76-6-106, a person commits criminal mischief if he or she does the following:
- The offender damages or destroys property with the intent to defraud an insurer; or
- The offender intentionally and unlawfully tampers with another person’s property and as a result he or she recklessly endangers human life, health, or safety; or
- The offender recklessly causes or threatens a substantial interruption or impairment of any critical infrastructure; or
- The offender intentionally damages, defaces, or destroys another’s property; or
- The offender recklessly or willfully shoots or propels a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing.
Criminal mischief may be charged as a misdemeanor or a felony offense, depending on the value of the property damaged.
As used in Utah Criminal Code Section 76-6-106, a “critical infrastructure” is defined as follows:
- Information and communication systems;
- Any public utility service, including power, energy, and water supply systems;
- Sewage and water treatment systems;
- Food distribution systems;
- Financial and banking systems;
- Health care facilities and emergency fire, medical, and law enforcement response systems;
- Public health facilities and systems;
- Any of the following:
- Fixed guideways;
- Other transportation systems intended for the transportation of persons or property; and
- Other government operations and systems.
Penalties for Criminal Mischief Convictions
The penalty for a criminal mischief conviction in Salt Lake City, Utah will depend on (remove either) the amount of property damage the alleged offender caused, or the circumstances surrounding the criminal mischief charge.
Criminal Mischief is punished as follows:
- Class B Misdemeanor –if the property damage was less than $500 in value.
- Class A Misdemeanor – if the property damage was between $500 and $1,500 in value.
- Third Degree Felony – if the property damage was between $1,500 and $5,000 in value.
- Second-Degree Felony –if the property damage was valued at more than $5,000.
If an individual commits criminal mischief by destroying property in order to defraud an insurer, the offense is a third-degree felony.
Third-degree felonies are punishable by 0- to-five (5) years in prison and up to a $5,000 fine plus a 90% surcharge.
If an individual who intentionally and unlawfully tampers with another’s property and recklessly endangers a human life, can be charged with a Class A misdemeanor; however, if such activity only endangers a person’s health or safety, the individual faces a Class B Misdemeanor.
Class B misdemeanors are punishable by up six (6) months in jail and up to a $1,000 fines plus a 90% surcharge.
Class A misdemeanors are punishable by up to one year in jail and up to a $1,000 fine plus a 90% surcharge.
If an individual’s conduct recklessly causes or threatens a substantial interruption or impairment of any critical infrastructure, he or she can be charged with a second-degree felony.
In Utah, a second-degree felony is punishable by one-to-fifteen (15) years in prison and up to $10,000 fine plus a 90% surcharge.
Find an Attorney for Criminal Mischief Charges in Salt Lake County, UT
If you or your minor child has been accused of criminal mischief, then contact Susanne Gustin.
Susanne Gustin has practiced criminal defense in Salt Lake City, Utah for years and understands the ins-and-outs of litigation in Salt Lake County courtrooms. Speaking with an experienced attorney before talking to law enforcement in any criminal investigation is imperative.
She handles cases throughout Salt Lake County and areas like Toole County, Weber County, Utah County, Wasatch County, Summit County, and Davis County, Utah.
Call (801) 243-2814 or submit an online evaluation to learn more about what we can do to help your case.
This article was last updated on Wednesday, October 3, 2017.