Criminal mischief is a charge that sounds a lot less serious than it actually is. Criminal mischief can become a felony, if the situation qualifies. Call a criminal defense attorney if you are unsure about your charges. Criminal defense attorney Alex Mendoza will set you up with a consultation.
Criminal Mischief (I.C. 35-43-1-2)
Criminal mischief, by definition, is when a person intentionally damages or defaces the property of someone else. This is obviously done without the owner’s consent. Typically, criminal mischief is only a Class B Misdemeanor. However, if the damages or the loss is at least $750 but less than $50,000, criminal mischief becomes a Class A Misdemeanor.
If you or someone you know has been charged with criminal mischief, call criminal defense attorney Alex Mendoza to set up a consultation.
There are also certain places that are automatically a Class A Misdemeanor if they are damaged or defaced. These include:
- Any place of religious worship
- Community centers
- Properties for Agricultural Operations
- Any grounds which are owned, rented in accordance with, or adjacent to any of the above listed places
- Any personal property that is found inside any of the above listed places
There are situations in which criminal mischief can become a felony, as well. For the special list of places above, any loss or damage at least $750 but less than $50,000 is automatically a Level 6 Felony. Any loss or damage due to the criminal mischief above $50,000 is a Level 5 Felony.
For any other properties, damages above $50,000 warrant a Level 6 Felony. Damaging public records, law enforcement animals, or interrupting/impairing a public utility services are all considered Level 6 Felonies also.
Are you being charged with a felony for criminal mischief? Call Alex Mendoza, criminal defense attorney, at 219-200-2000.
If any of the above criminal mischief crimes is defaced with graffiti, the court may suspend the defendant’s license for a maximum of one year. However, if the person removes, paints over, or otherwise makes up for the graffiti, their license can be reinstated.
If you are in danger of losing your license due to a criminal mischief charge, call criminal defense attorney Alex Mendoza and set up a consultation.
Cemetery Mischief (I.C. 35-43-1-2.1)
Cemetery mischief is relatively similar to criminal mischief. Cemetery mischief refers to damages to a cemetery, burial ground, or other facility for memorializing the dead as well as any grounds owned or rented by a cemetery or the like. This means disturbances to or vandalism on any cemetery monument, grave marker, grave artifact/ornament, or cemetery enclosure.
Under normal circumstances, cemetery mischief is a Class A Misdemeanor. However, if the loss or damage is $2,500 or more, it becomes a Level 6 Felony.
Are you or someone you know being charged with cemetery mischief? Call Alex Mendoza, criminal defense attorney, and set up a consultation at 219-200-2000.
Railroad Mischief (I.C. 35-43-1-2.3)
Railroad mischief is defined as damaging or defacing any locomotive, railroad car, train, or railroad equipment. This includes any part of any railway signal system, control system, dispatching system, crossing signal, as well as individual parts of the railway such as rails, switches, roadbeds, viaducts, bridges, trestles, culverts, and embankments owned by the railroad company. Railroad mischief is an automatic felony, usually a Level 6. However, if it results in serious bodily injury or death, it is a Level 5 or a Level 2, respectively. Since railroad mischief is a felony, you should not delay in contacting a criminal defense attorney if you are facing these charges. Criminal defense attorney Alex Mendoza will set you up with a consultation, just call 219-200-2000.
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