There are three degrees of Malicious Mischief on the State of Washington.
What determines the "degree" of crime is the value of the damaged property.
Regardless of the degree charged, the prosecution must prove beyond a reasonable
doubt that you knowing and maliciously caused physical damage to someone
To be "malicious" means that you did the act with an evil intent,
wish, or design to vex, annoy, or injure another person.
Malicious Mischief in the First Degree is defined in
RCW 9A.48.070 and is a class B felony. Generally, this crime is charged when the damaged
property was worth more than $5,000.
Malicious Mischief in the Second Degree is defined in
RCW 9A.48.080 and is a class C felony. Generally, this crime is charged when the damaged
property was worth more than $750.
Malicious Mischief in the Third Degree is defined in
RCW 9A.48.090 and is a gross misdemeanor. Generally, this crime is charged when the
damaged property was worth $750 or less.
Malicious Mischief in the Third Degree is the most common Malicious Mischief
charge in Whitman County.
As long as Malicious Mischief in the Third Degree is not charged as a "
domestic violence" offense, it is sometimes possible to negotiate a settlement with
the alleged victim in order to
have your case dismissed through the "
Compromise of Misdemeanor" process
For more information on this process and for a
free consultation, call Baumgarten Law Office at (509) 593-4370