What is criminal mischief?

Criminal mischief covers willful and malicious injury or damage to real or personal property belonging to another. It's the charge behind vandalism, graffiti, broken windows, and damage during a dispute.

The degree tracks the damage amount, escalating from a second-degree misdemeanor at low values to a felony above a threshold. Prior convictions can enhance it.

Two elements do the work.

Willful and malicious requires more than accidental damage. Damage caused during a struggle, or incidental to something else, may not meet the standard.

The damage amount determines the degree, and it's frequently inflated. Estimates rather than actual repair costs, replacement rather than repair, and pre-existing damage all appear in these cases. Getting an independent estimate is worth doing.

Restitution is generally part of any resolution, which makes the amount matter twice — for the degree of the charge and for what gets paid.