QUESTION

i was charged with mischief for damage of property with a baseball bat, whats the most i can be charged with first offense. do i need a lawyer

Asked on Jan 21st, 2016 on Criminal Law - New Jersey
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2 ANSWERS

Criminal Defense Attorney serving Toms River, NJ at Edward J. Dimon
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I would not want a criminal record which can stay with you your entire life and make employment difficult. I would hire an attorney and fight the case. Ed Dimon
Answered on Jan 26th, 2016 at 4:18 AM

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Anthony Van Zwaren
The charge falls under NJSA 2C:17-3. As you do not state what the value of the property allegedly destroyed, you could be hit with a crime in the third degree (property worth $2,000 or more); fourth degree for property between $500 and $2,000.00 and disorderly persons where the property is worth $500.00 or less. There are other elements to the offense depending upon what was destroyed. For instance defacing a grave is a third degree offense even without knowing a monetary value. Graffiti can also be a criminal mischief offense. So as to your question. The penalties for a third degree crime can be up to $15,000 in fines and 3 to 5 years in prison; for a fourth degree crime it can be up to 18 months in prison and a fine up to $10,000 while for a disorderly person offense the penalty can be up to $1,000.00 and up to six months in jail and lastly for a petty disorderly the fine can be up to $500.00 and up to thirty days in jail. That being said, these are maximum penalties and if this is your first offense and the amounts are under $500.00 you should not face jail, although you could be placed on probation or conditional discharge. You might also be ordered to pay restitution for the property that was destroyed. No matter what, you definitely should have an attorney, especially for any charge that involves a third or fourth degree offense, but even for the disorderly persons charge as well.
Answered on Jan 21st, 2016 at 2:00 PM

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