Malicious Mischief Defense Attorney in Washington

Malicious Mischief In The First Degree

Malicious Mischief in the 1st degree can be proven by showing that you knowingly and maliciously did one of the following:

* Caused physical damage to someone else’s property in an amount exceeding $1,500

* Caused and interruption of service to the public by tampering with an emergency vehicle or property of the state, or public utilities, transportation, power, or communication

* Caused an impairment of the safety, operations, or efficiency of an aircraft by tampering with the aircraft or equipment

* First degree malicious mischief is a Class B felony and is a seriousness level II which means that if you have no criminal record you may be sentenced to 2-6 months in prison.

Malicious Mischief In The Second Degree

If you are charged with this offense the prosecution will have to prove that you knowingly and maliciously cause physical damage or someone else’s property in an amount exceeding $250 or create a risk of interruption of public services through tampering or damaging.

Second degree malicious mischief is a Class C felony and is punishable by up to 60 days in prison if you have no prior convictions on your record. If you do have a criminal record, this sentence could reach 18 months in prison.

Malicious Mischief In The Third Degree

Malicious mischief in the 3rd degree involves knowingly and maliciously causing physical damage to someone else’s property where the damage is less than $250 or it doesn’t otherwise equal 2nd or 1st degree malicious mischief.

In most cases, where the damage exceeds $50, malicious mischief in the 3rd degree is a gross misdemeanor and punishable by 90 days to 1 year in jail as well as fines reaching $5,000.

If the value of damage caused is less than $50, malicious mischief is a misdemeanor that may be penalized with a jail term no longer than 90 days and fines no more than $1,000.

*If the malicious mischief involves vandalism or graffiti less that does less than $250 in damage, it is a gross misdemeanor and carries a potential sentence of up to 1 year in jail and fines up to $5,000.

Domestic Violence

Domestic Violence allegations bring special problems for a defendant. A person can lose his or her gun rights even for a misdemeanor conviction of Assault Domestic Violence. Additionally, mandatory arrest rules often mean the accused is incarcerated even before formal charges are levied. Many times the assault charge is coupled with another allegation of Malicious Mischief, Interfering with the Reporting of a Domestic Violence Crime, Trespass, Harassment, Stalking, or Violation of a Protection Order, Restraining Order, or No – Contact Order.


The Law Office of Erin Bradley McAleer will fight to ensure that you achieve the best possible outcome in your court case. Call attorney Erin Bradley McAleer today at (360) 334-6277 to schedule a free, confidential consultation with an experienced malicious mischief defense attorney in Washington.

Washington Attorney Erin Bradley McAleer represents clients throughout Southwest Washington State, including in Clark County, Cowlitz County, and Skamania County and Vancouver, Battle Ground, Camas, La Center, Ridgefield, Washougal, Woodland, Yacolt, Castle Rock, Kalama, Kelso, Longview, North Bonneville, and Stevenson. Attorney Erin Bradley McAleer focuses on the areas of Criminal Defense, Traffic Infractions, Landlord Tenant, Personal Injury, Firearm Rights Restoration, and Post-Conviction Relief (Vacating & Sealing Criminal Records).