If you or someone you know has been arrested and charged with Criminal Mischief, our experienced criminal defense lawyers can help. When providing a defense in serious cases like Criminal Mischief, it is best if a lawyer can get involved in the case as early as possible. Like many criminal cases, Criminal Mischief is a very fact-specific crime. This means that the specific type of crime charged—and the potential consequences—will depend on the specific facts that the prosecuting attorney believes can be proven. The earlier a defense lawyer gets involved in your case, to review the evidence against you and conduct an independent investigation, the better the chances of building a strong defense on your behalf.
Criminal Mischief in Utah
Criminal Mischief offenses in Utah are those crimes that are associated with the destruction of another’s property; somebody’s stuff was broken, damaged or destroyed. The damage of the property has to be unlawful and intentional or reckless. A criminal mischief charge can be either a felony or a misdemeanor; it depends on the value of the property. If the value of the property is greater than $1500.00, a person can be charged with a felony. Here is the statute text:
76-6-106. Criminal mischief.
“(1) As used in this section, “critical infrastructure” includes:
(a) information and communication systems;
(b) financial and banking systems;
(c) any railroads, airlines, airports, airways, highways, bridges, waterways, fixed guideways, or other transportation systems intended for the transportation of persons or property;
(d) any public utility service, including the power, energy, and water supply systems;
(e) sewage and water treatment systems;
(f) health care facilities as listed in Section 26-21-2, and emergency fire, medical, and law enforcement response systems;
(g) public health facilities and systems;
(h) food distribution systems; and
(i) other government operations and services.
(2) A person commits criminal mischief if the person:
(a) under circumstances not amounting to arson, damages or destroys property with the intention of defrauding an insurer;
(b) intentionally and unlawfully tampers with the property of another and as a result:
(i) recklessly endangers:
(A) human life; or
(B) human health or safety; or
(ii) recklessly causes or threatens a substantial interruption or impairment of any critical infrastructure;
(c) intentionally damages, defaces, or destroys the property of another; or
(d) 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.
(3) (a) (i) A violation of Subsection (2)(a) is a third degree felony.
(ii) A violation of Subsection (2)(b)(i)(A) is a class A misdemeanor.
(iii) A violation of Subsection (2)(b)(i)(B) is a class B misdemeanor.
(iv) A violation of Subsection (2)(b)(ii) is a second degree felony.
(b) Any other violation of this section is a:
(i) second degree felony if the actor’s conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000 in value;
(ii) third degree felony if the actor’s conduct causes or is intended to cause pecuniary loss equal to or in excess of $1,500 but is less than $5,000 in value;
(iii) class A misdemeanor if the actor’s conduct causes or is intended to cause pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and
(iv) class B misdemeanor if the actor’s conduct causes or is intended to cause pecuniary loss less than $500 in value.
(4) In determining the value of damages under this section, or for computer crimes under Section 76-6-703, the value of any item, computer, computer network, computer property, computer services, software, or data includes the measurable value of the loss of use of the items and the measurable cost to replace or restore the items.
(5) In addition to any other penalty authorized by law, a court shall order any person convicted of any violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses incurred in responding to a violation of Subsection (2)(b)(ii), unless the court states on the record the reasons why the reimbursement would be inappropriate.”
Criminal Defense in Salt Lake City, Ogden, Provo, and St. George
At Schatz, Anderson & Associates, LLC, our lawyers have extensive experience defending clients charged with criminal mischief. Our attorneys have more than 40 years’ combined experience with criminal law. We emphasize providing a true defense on our clients’ behalf. This means conducting an independent investigation and taking the case all the way to a trial if we believe a trial is in our client’s best interests. We do not believe in accepting a plea bargain unless it really is the best option, given our client’s particular circumstances and goals.
Free One-Hour Initial Consultation
At Schatz, Anderson & Associates, LLC, the initial one-hour consultation is always private and always free of charge. Our attorneys make jail visits when necessary, and flexible appointment scheduling is available. We handle many cases on a flat-fee basis, so that our clients can know up front the exact cost of their defense.