It can sometimes be argued that the damage to the property is less than $750, given the difficulty of putting a monetary value on used property. If the property is worth between $750 and $5000, Second Degree Malicious Mischief or Destruction of Property charges will be filed. You may also be asked by the WA State court to replace the damaged property (pay restitution), take anger management classes, and be evaluated for alcohol or substance abuse by a treatment agency. Malicious Mischief 3 is a gross misdemeanor and is punishable by up to 364 days of jail and up to a $5000 fine.
If the damaged property is worth less than $750, Third Degree Malicious Mischief or Destruction of Property charges will be filed. The penalties are the same for both charges. In Bellevue, Everett, Renton, Kent, and most other cities in King County and Snohomish County, the name of the charge is Malicious Mischief. In Seattle, the name of the charge is Destruction of Property. The domestic violence designation can result in a No Contact Order being issued and a loss of gun rights.
If the domestic violence (DV) designation is added to the charge, there are enhanced penalties. Third Degree Malicious Mischief is a charge that is often added by police during an investigation for domestic assault. When the police are called for a domestic disturbance, they are looking for signs or accusations of damaged property. In Washington State, if you have a current or past domestic relationship with the property owner, Malicious Mischief Domestic Violence charges will be filed.Ĭharges resulting from property damage are surprisingly serious, given the nature of the accusations. Property crime database, liability: RCW 4.24.340.Malicious Mischief or Destruction of Property is defined as knowingly and maliciously causing physical damage to the property of another person. Intent-Effective date-2003 c 53: See notes following RCW 2.48.180. (2) Malicious mischief in the third degree is a gross misdemeanor.Īpplicability-2009 c 431: See note following RCW 4.24.230.
(b) Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree. (a) Knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree or (1) A person is guilty of malicious mischief in the third degree if he or she: RCW 9A.48.090 Malicious mischief in the third degree.
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