Even if the alleged victim is not home or not harmed in anyway, you can still be liable for second degree malicious mischief. An argument with an ex-spouse, for example, that results in you breaking a window or kicking in a door can lead to $1,000 in damages.
Just as with 1st degree charges, when the act occurs due to a domestic dispute, it can be classified as domestic violence. Covered under Washington law RCW 9A.48.080, this type of offense is less severe but still results in felony charges. A second degree malicious mischief can result in $750 in damages or more. If the sum of the value of all the physical damages exceeds two hundred fifty dollars, the defendant may be charged with and convicted of malicious mischief in the second degree.Ī 2nd degree malicious mischief charge can result for the same crimes only with less property damage. (2) If more than one item of property is physically damaged as a result of a common scheme or plan by a person and the physical damage to the property would, when considered separately, constitute mischief in the third degree because of value, then the value of the damages may be aggregated in one count. "Physical damage" also includes any diminution in the value of any property as the consequence of an act (1) "Physical damage", in addition to its ordinary meaning, shall include the total or partial alteration, damage, obliteration, or erasure of records, information, data, computer programs, or their computer representations, which are recorded for use in computers or the impairment, interruption, or interference with the use of such records, information, data, or computer programs, or the impairment, interruption, or interference with the use of any computer or services provided by computers. Malicious mischief damage is defined by RCW 9A.48.100: The damage will likely be very expensive and, even though you meant no harm, you could still be charged with domestic violence as well. Examples of first degree malicious mischief would be in an argument with a girlfriend/boyfriend you become very angry and destroy her/his car or start a fire in her/his home. First degree malicious mischief occurs when the damage is very extensive and results in over $5,000 worth of repairs. Malicious mischief charges can coincide with domestic violence charges when the damage is caused to the property of a family member, girlfriend or boyfriend or other party with whom you share a close relationship. (a) Causes physical damage to the property of another in an amount exceeding five thousand dollars (1) A person is guilty of malicious mischief in the first degree if he or she knowingly and maliciously:
According to RCW 9A.48.070 malicious mischief in the first degree occurs when: Malicious mischief in the 1st degree is the most serious malicious mischief charge.
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