What is criminal mischief in Kentucky? What are the potential penalties you may face for this offense in Shepherdsville, Mount Washington, Shelbyville, Taylorsville, Radcliff, Elizabethtown, Jeffersontown, or Louisville, Kentucky?
Mischief in this context can be a bit confusing. We often use mischief as a playful noun, as in “he’s always up to some type of mischief,” or to describe a person as “mischievous,” but criminal mischief can be a serious stand-alone criminal offense or add-on charge.
The charge of criminal mischief is usually associated with the destruction, defacing or damaging of property. It is often charged in connection with other criminal offenses such as trespassing, theft, breaking and entering, and/or vandalism. A common example occurs when an individual “tags” a building, fence or other structure with graffiti. Defacing the property is considered to be criminal mischief, and the act of damaging the underlying property with graffiti is another example of criminal mischief. Other cases might involve breaking a window, keying a car or slashing its tires.
Suppose a person “tampers with property” to endanger another person or a tenant intentionally damages a home or apartment they are renting. These acts can be charged as criminal mischief in Kentucky.
What are the Potential Consequences for Criminal Mischief Charges?
If the damage to the property is less than $500 the charge is usually criminal mischief in the third degree. This charge is a Class B misdemeanor except in areas established in an emergency or disaster scenario. This offense carries a fine of up to $250 as well as up to 90 days in jail.
When the damage to the property is $500 or more but less than $1,000, the charge is usually criminal mischief in the second degree, which is a Class A misdemeanor that can result in a jail sentence of up to a year and a fine.
If the damage exceeds $1,000 the first degree criminal mischief charge is a Class D felony with a potential punishment of one to five years in jail and a fine of up to $10,000.
My name is John Schmidt and after serving the people of Jefferson, Bullitt, Hardin, Spencer, Shelby and Oldham counties in Kentucky for more than 25 years I can tell you there is a lot I can accomplish when defending criminal mischief charges.
For example, was the property already damaged or defaced? Did the owner of the damaged property contribute to the situation in some manner? What is the cost to repair the damage? There is often a lot of room for argument in the dollar values associated with a criminal mischief charge.
As your criminal defense attorney I will protect your interests and investigate every aspect of the actions of law enforcement, evidence collection, witness and informant statements and whether or not your rights were violated at any point in the process. I work to reduce the severity of criminal charges and associated consequences or to achieve an outright dismissal of your case.
We invite you to contact us via e-mail, schedule an appointment or call us today at (502) 509-1490 to get the advice and aggressive criminal defense you need and deserve. At the Law Offices of John Schmidt & Associates we bring more than 25 years of experience to your side of the equation, and work hard to achieve a much better outcome in your case than you can or will accomplish on your own.
