Facing a vandalism charge in Vancouver, WA Learn about Washington malicious mischief laws, potential penalties, defense strategies, and your legal options.

Damaging property even if only slightly, such as a broken car window, sprayed wall, or other destroyed property, can lead to serious criminal charges and be very expensive. Additionally, vandalism can leave a permanent criminal record.

For those who have been charged with vandalism in Vancouver, Washington, the most important thing is to understand the law and your legal options. A skilled criminal defense attorney can go over the evidence against you and explain the charges against you. He or she can then help you come up with a plan of action.

McAleer Law is dedicated to serving our clients with similar needs related to being accused of a crime. If you or someone you care about are under investigation or have been charged with a crime, it is wise to speak with a qualified defense attorney as early in the case as possible.

What Is Considered Vandalism in Washington?

In popular culture, many people associate the term “vandalism” with intentional acts to damage, deface or destroy property of another. A list of examples includes:

  • Spray-painting graffiti on a building or wall.
  • Breaking windows or damaging doors.
  • Scratching or damaging another person’s vehicle.
  • Destroying property during an argument.
  • Damaging the property of public services such as public restrooms, public telephone booths, recycling bins, etc.
  • Damaging computer data or programs in circumstances covered by Washington law.

Vandalism in Washington is frequently referenced under the term malicious mischief in the various degrees of the crime, depending on the amount of property damage, type of property involved, and whether the property was related to a public service or other specially protected property.

The principal elements of malicious mischief (knowingly acting in a malicious manner to cause substantial damage to or destruction of property) shall vary based upon the degree of the offense charged and the facts of the case.

Read the official statutes: Washington RCW 9A.48 — Arson, reckless burning, and malicious mischief.

What Are the Degrees of Malicious Mischief in Washington?

Malicious Mischief in Washington is ranked in three degrees of crime. Some forms of malicious mischief are ranked and defined as felonies while others are ranked and defined as gross misdemeanors or even mere misdemeanors.

1. Malicious Mischief in the First Degree

As a Class B Felony, first degree malicious mischief carries a maximum sentence of 10 years (up to life in extreme circumstances). This offense can be charged when physical damage to property is in excess of $5,000.00 (RCW 9A.48.070). This statute also outlines circumstances in which an emergency vehicle, public property, utilities, transportation systems, communications and even a ballot drop box may be damaged in order to charge malicious mischief in the 1st degree.

The offense includes intentionally damaging or tampering with emergency vehicles, public property, and other specified property including utilities, transportation systems, communications, etc., as detailed in the statute for such damage or tampering with such property for such purpose.

Note the severe consequences associated with felonies and the close scrutiny of the evidence linking the accused to the vandalism.

2. Malicious Mischief in the Second Degree

This offense is classified as a Class C felony for physical damage in excess of $750.00 as set forth in RCW 9A.48.080.

In addition to the physical damage to property specified above for first and second degree malicious mischief, there is also a third degree malicious mischief charge for the types of damages above that create a substantial risk of interfering with public services to the specified property.

3. Malicious Mischief in the Third Degree

As a gross misdemeanor, (3rd degree) malicious mischief can have serious consequences as well. As outlined in RCW 9A.48.090, the crime generally can be charged when the defendant knowingly and maliciously causes $750 or less in physical damage to property. However, there are additional requirements that must be satisfied as outlined in the statute.

Even a misdemeanor malicious mischief charge can have very serious consequences. This depends on all of the facts and circumstances and may be affected by prior offenses as well as by how the case is resolved.

Note that this is an overview of the categories of criminal mischief and is not meant to predict what charges will be filed or what sentence will be given to any individual. Many factors may cause a charge to be reclassified as it makes its way through the criminal justice system.

What Penalties Can You Face for a Vandalism Charge in Vancouver WA?

Penalties for vandalism depend on the degree of malicious mischief, the amount of actual damage, whether any aggravating circumstances occurred and the defendant’s criminal history.

Potential consequences may include:

  • Jail or Prison: This is the maximum amount of time that could be spent in jail or prison for a vandalism crime depending on the specific circumstances of the case and the prior offenses of the accused.
  • Fines: A court may impose financial penalties.
  • Restitution to the other party for losses caused by the accused’s conduct as ordered by the Court.
  • Criminal record: Conviction information will reflect on your criminal history record and can affect future opportunities.
  • Probation or supervision with specific conditions as allowed by law.
  • Job problems: Even a misdemeanor conviction may cause your employer to question whether you are the right employee for the job.
  • Further Civil Action by a Property Owner: A property owner who suffers loss as a result of a vandalism offense may file a civil action to recover for that loss in instances where the offense gives rise to a separate claim for civil relief.

Being charged with a crime does not mean that you will be found guilty of that crime or that you will receive any particular sentence. The lawyer you hire to defend you against a vandalism charge in Vancouver WA can describe the degrees of mischief and the penalties for each in more detail after he or she has learned the degree of the charge against you and the facts underlying the charge against you.

Can a person be charged with vandalism without having been caught in the act?

Yes. You do not have to be caught in the act of vandalizing property for police to investigate or for the District Attorney’s Office to file and prosecute a criminal case for such conduct.

Investigators may rely on evidence such as:

  • Security camera footage.
  • Eyewitness statements.
  • Photographs of the damaged property.
  • Fingerprints or other physical evidence.
  • Text messages, social media posts, or other digital records.
  • Statements made during police questioning.
  • That there is evidence that connects the defendant to the location or incident in question.

Even presence at the scene of damage to property, ownership of the property in question, or even prior hostility to a person or persons against whom the offense was committed will not in itself establish responsibility for criminal conduct.

As always, we encourage our clients to come in and have a lawyer review the evidence collected against them to ensure that the correct person has been identified, they have the correct intent, and that there is sufficient evidence to establish the amount of damage to property.

What Are Common Defenses to a Vandalism Charge in Vancouver WA?

Every criminal case is different. Therefore, each criminal case is approached with the specific evidence and the specific elements the State must prove in order to establish guilt.

Lack of Intent

Washington requires malicious mischief be done with a knowing and malicious state of mind. Therefore, accidentals such as pure accident in breakage while moving furniture for example are not malice.

Thus accidental damage to property by someone moving furniture is quite different from intentional destruction of property by someone with a grudge against the owner.

Mistaken Identity

It is also possible that the accused was identified by a mistaken witness, or the video or photographs were not clear enough to identify the perpetrator.

A lawyer can review identification evidence with aclient and witnesses and compare the accounts of different identified witnesses to investigate whether or not the identified person is in fact the responsible party.

Insufficient Evidence

For more information on the necessary elements to prove the charge of malicious mischief see RCW 9A.48.060. If the prosecution cannot prove one or more of the elements necessary for the charge of malicious mischief then that charge must be dismissed.

Disputed Damage Value

Reconvent the malicious intention charged in Mischief by comparing the estimated cost of repair to the amount of actual damage, as well as to the amount of damage that was actually caused by the defendant’s conduct. Also establish what physical damage was actually caused by the defendant’s conduct and compare that to the amount of physical damage for which the defendant is charged with causing. Compare the repair estimates and the invoices for the actual repair completed to the property in question. Compare the owner-claimed value of the damaged property to the actual value of that property at the time of the alleged conduct and at the time of the repair completed to that property.

Washington also has a statute that outlines the definition and aggregation of physical damage to property in RCW 9A.48.100.

Ownership, Permission, or Authorization

Was the accused the owner of the property, had he received permission to work on the property, or was he acting under an agreement or with lawful authority to work on the property.

This depends on the facts regarding the ownership of the property, the extent of permission given to the accused, and the circumstances of the incident.

Unreliable or Improperly Obtained Evidence

The method by which a statement, search, record or identification procedure was obtained by police is examined by your defense lawyer. If sufficient circumstances exist to allow the attorney to argue that evidence should be kept out of your trial (or other remedy), then the attorney will argue the point in front of the trial judge.

Not all problems with evidence result in dismissal of a case.

What To Do If You Get Accused of Vandalism in Vancouver, WA?

How Your Conduct Will Affect Your Case After You Have Been Accused of Vandalism in Vancouver, WA.

  • Continue to remain calm. Be courteous but avoid arguing with the accuser. Try to avoid increasing the extent of the disagreement with the accuser.
  • Don’t assume that the charge against you will be dismissed even though you believe the accusation to be false. The police may have information that you have not been told and an accusation is not proof of guilt.
  • Even if a defendant does not think his or her conduct was improper, avoid speaking publicly about the incident. All postings on social media and all text messages will be discoverable evidence in the case and could be used against the accused.
  • Keep all relevant documentation, including photographs, receipts for repairs, written messages or notes regarding the incident, and anything else which would help to explain what transpired. Never destroy or alter any potential evidence in a case.
  • Don’t contact any witnesses. This includes the complainant in cases of alleged vandalism, for example. Do not try to convince them to change their version of events.
  • Be sure to be cautious in regard to communications with police and ask to speak with an attorney prior to any questioning by police. Avoid giving any false information to the police and refrain from attempting to cover up any involvement you may have in a crime under investigation.
  • Treat all court documents with respect. Make sure you meet all of the required deadlines and appear in court as required.
  • Seek the advice of a qualified criminal defense lawyer early in the process to best protect your rights and avoid unwanted consequences.
  • If you have already been charged for vandalism, do not ignore the charges to yourself even if you believe the charges against you are false and/or minor.

Can a Vandalism Charge in Vancouver WA Be Dismissed?

Can a Vandalism Charge in Vancouver WA be Dismissed and, if so, How? Generally, the appropriate strategy for dismissing a vandalism charge in Vancouver WA depends on the circumstances and the applicable laws and evidence relating to the matter.

Possible issues to examine include:

  • Is there sufficient evidence to prove every element required to obtain a conviction for the degree charged for the amount of damage alleged?
  • Whether evidence identifying the accused is reliable.
  • Was the accused’s conduct administered in such a manner as to constitute malicious mischief?
  • Whether the damage amount supports the charged degree.
  • Whether evidence can be challenged on lawful grounds.
  • Is there a procedural or constitutional issue that would allow for a motion for relief?

A good criminal defense attorney will thoroughly review the prosecution’s evidence in your vandalism case, identify weaknesses and holes in the state’s evidence, and develop a strategy best suited to your circumstances including a motion to dismiss, a negotiated plea agreement or litigating your case at trial.

Just because the property owner does not want to see someone charged with vandalism for damage to their property, does not mean that the charge will automatically be dismissed. The decision to charge someone with a crime is left to the discretion of the prosecutor. However, once accused of a crime, the prosecutor is bound by certain laws and by the authority of the court.

Do You Have to Pay for the Damage?

Merely being accused of vandalism does not necessarily mean that one is obligated to pay for the alleged damage to property.

In your criminal case, the amount of restitution in a criminal case can vary greatly and typically depends on proof of qualifying losses and application of the appropriate facts and laws to those losses.

A separate claim by property owners for the damage caused by your alleged actions may also be brought in a civil action. Criminal actions for restitution and civil actions for liability are not always equal and have different rules governing each.

Before you agree to pay for disputed damage or sign a document that may have consequences for you in the future, seek the advice of a lawyer. Keep all documentation, such as repair estimates, receipts, photographs, etc. relating to the losses alleged by the property owner.

How Can a Vandalism Charge Lawyer in Vancouver, WA, Help?

Your attorney can help you understand the charge(s) that have been filed against you and make the best decisions regarding your case.

Depending on the circumstances, legal representation may involve:

  • Review of all evidence including police reports, photos, witness statements and more.
  • Examining the legal elements of the charged offense.
  • Investigating the alleged damage and its estimated value.
  • Identifying inconsistencies or weaknesses in the prosecution’s evidence.
  • Evaluating potential constitutional or procedural challenges.
  • Communicating with the prosecution when appropriate.
  • Explain available resolutions with possible risks of trial.
  • Helping to prepare for trial.

It is extremely important to have an attorney on your side early on should you be a target of police investigation prior to charges being filed. The attorney can inform you of your rights and direct you on the best course of action to protect yourself.

Why Choose McAleer Law for Criminal Defense in Vancouver, WA?

There are many different ways that being accused of vandalism for writing graffiti can affect your life. Need help getting through this? A clear explanation of the charge(s) and a strong defense to the charges are key to dealing with an alleged vandalism case.

The Law Office of Erin Bradley Mcaleer serves the criminal defense needs of individuals in Vancouver, WA and the surrounding communities in Southwest Washington.

At Mcaleer Law, we can explain the charges against you, go through the evidence against you, and discuss all of your legal options. We can help with your charges of Graffiti, Vandalism, Property Damage, or other Malicious Mischief type offenses.

Consider how seeking legal advice and the services of Erin Bradley Mcaleer will help with your circumstances.