Being charged with criminal mischief in Utah can have serious consequences, ranging from fines to prison. Understanding the charges and having a skilled attorney by your side is crucial to protecting your rights and your future. This article outlines what you need to know about criminal mischief and how a qualified attorney can help.
What is Criminal Mischief in Utah?
Criminal mischief involves causing a pecuniary loss to another. Pecuniary loss refers to “all demonstrable economic injury, losses, and expenses regardless of whether the economic injury, losses, and expenses have yet been incurred.” Pecuniary loss can mean causing damage to another’s property, causing a loss of income to another, or any other action which results in a financial loss or expense to another.
The severity of the charge, and therefore the penalties, depends on the value of the pecuniary loss. Utah law classifies criminal mischief into varying degrees, from misdemeanors to felonies. Even seemingly minor acts can lead to significant legal repercussions.
Degrees of Criminal Mischief
The degree of the charge, and the potential penalties, are tied directly to the value of the damage caused or losses resulting from the damage caused. This valuation is a critical component of any criminal mischief case.
- Class B Misdemeanor: If the actor’s conduct causes, or is intended to cause, pecuniary loss of less than $500 in value.
- 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.
- 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.
- 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.
The severity of the damage can affect whether something is charged as Class B vs A, or second degree vs third degree felony charge. In some circumstances, previous convictions can increase the severity of your charges.
How an Attorney Can Help
A criminal defense attorney plays a vital role in defending you against these charges. They can:
- Investigate the Incident: Thoroughly investigate the circumstances surrounding the alleged offense, gathering evidence and interviewing witnesses.
- Take Stock of the Damages: Knowing the severity of the alleged damages ensures the attorney is prepared to challenge any misinformation in the prosecution’s case.
- Negotiate with Prosecutors: Work to potentially reduce the charges or penalties through negotiation with the prosecuting attorney.
- Defend You in Court: Present a strong defense in court, challenging the prosecution’s evidence and protecting your rights.
- Explain the Law: Clearly explain the complex legal aspects of your case, ensuring you understand your options and the potential consequences.
Contact Hamilton Defense Today
If you’ve been charged with criminal mischief in Northern Utah, contact Hamilton Defense today. Neal Hamilton has extensive experience defending clients against property damage charges and will provide dedicated and personalized representation. Don’t face these charges alone. Call us for a consultation to discuss your case and how we can help protect your future. We understand the stress and uncertainty that comes with criminal charges, and we’re here to guide you through the process.