Charged with Vandalism and Graffitti in New Jersey?

Vandalism charges carry serious and potentially life-altering consequences in New Jersey. If you are caught destroying or damaging property, you can be convicted of a crime.  It’s important to understand the charges you may be facing and consult with an attorney as soon as possible. Retaining a experienced attorney may not only make it possible to get the charges reduced, but in certain cases, get them dropped altogether. Nothing is guaranteed, but with an attorney to defend you, you would be putting yourself in the best position for a more favorable outcome. 

What Are Vandalism Charges?

Vandalism is generally considered the deliberate destruction or damage of another’s property. In New Jersey, vandalism is labeled “criminal mischief.” Criminal mischief takes on several forms. Under N.J.S.A. 2C:17-3, a person can be convicted of criminal mischief if they:

(1) Purposely, knowingly, recklessly, or negligently damaged someone else’s property by using fire, explosives, or other dangerous means.

(2) Purposely, knowingly, or recklessly tampered with someone else’s property that endangered that property owner and/or his property. This includes a tenant damaging or destroying a rental in retaliation for a landlord starting an eviction process against them. 

Penalties and Fines for Vandalism

The law lays out the following thresholds for damages as well as the specific acts under each charge. Additionally, those convicted of property damage will generally be held responsible for all expenses related to the restoration of the property. 

Vandalism will be considered a disorderly persons offense:

• If the damage caused is valued at less than $500. The fine of this offense is set at a minimum of $100.  
• For a petty disorderly offense, the maximum fine is $500, while for a standard disorderly offense, the fine cannot exceed $1,000. 
• A disorderly persons offense can carry jail time of up to 30 days. 

Vandalism will be considered a fourth-degree crime:

• If the damage is valued between $500 and $2,000.
• If vandalism involves digging up or tampering with gas lines, cable lines, or telecommunication lines, regardless of the damage’s value. 
• If vandalism involves tampering with any airport, landing strip, or other aviation facility. 
• If convicted, a person can face up to 18 months in jail. The fine is set at a minimum of $200, and a maximum of $10,000.  

Vandalism will be considered a third-degree crime:

• If the damage caused is valued at more than $2,000.
• If vandalism was done to a cemetery, grave site, mausoleum, or research property at a research facility, regardless of what the value of the damage was.

• If the vandalism causes an interruption or impairment of public transportation or utilities, regardless of what the value of the damage was.
• If interference or tampering with an aviation facility causes injury or damage to property.
• The fine is set at a minimum of $500 and maximum of $15,000. One can also face 3-5 years imprisonment. 

What Are Graffiti Charges?

Like vandalism, graffiti is considered “criminal mischief.” New Jersey does not have a separate statute designed to criminalize spraying graffiti. Instead, like any other form of vandalism, it falls within New Jersey’s criminal mischief statute. Graffiti is not limited to just spray painting a wall. It can include any form of artistic defacement of a building, car, structure, wall, etc. Consequently, New Jersey considers drawing, painting, or the making of any mark or inscription on real or personal property (whether public or private) without the permission of the owner to be “graffiti.” Contrary to popular belief, this can also include etching one’s name on a wood bench and similar misconduct.

Penalties and Fines for Graffiti

The ultimate penalty for graffiti is left to the discretion of the court and may involve paying damages in addition to community service, restoring the property, or even jail time. More specifically, N.J.S.A. 2C:17-3(c) provides the following guidelines in administering penalties for graffiti charges: 

• A person may be required to pay the owner of the damaged property an amount equal to the damage caused by the graffiti.
• Person can be required to perform community service, which will include removing graffiti from the property.
• Community service can be no less than 20 days or whatever the number of days that will be necessary to fully remove the graffiti that they put on the property.

In some situations, graffiti can be a third- or fourth-degree crime, in which case the person charged can be facing the following penalties, in addition to the other actions imposed by the court:

• If a person is convicted of a fourth-degree crime, they can face up to 18 months in jail and a fine of $10,000. 
• If convicted of a third-degree crime, 3-5 years in prison and a fine of up to $15,000.

Consequences for Juveniles

Minors will be tried in family court for vandalism-related offenses. If the court decides that the minor has committed an offense so severe as to warrant going to a state juvenile facility, then the law sets out the following sentencing guidelines:

• Two years for a crime of the third degree 
• One year for a crime of the fourth degree 
• Six months for a disorderly person’s offense 

However, it would require a rather serious offense committed against person and property to be sentenced. Furthermore, the chances of being sentenced are even lower if it is a juvenile’s first-time offense. If the crime is of the fourth-degree or lower, there is a presumption of non-incarceration, meaning the person will not be sent to prison for the offense committed.  The purpose of juvenile court is to rehabilitate the delinquent, so it is more common for the minor’s punishment to be either restoring the property or paying the property owner for damages and/or community service. 

Similarly, for graffiti charges, a minor (in most cases) will not have to go into adult criminal court. Instead, minors go into juvenile court and if convicted of the crime will not be put in adult prison. However, they can still be put in a juvenile detention center (“juvie hall”), required to do community service, pay total restitution for the damage they caused, and will have a juvenile record (which has the same negative effect on getting a job or getting into college as a full-blown criminal record). If community service is ordered, it has to be a minimum of 20 days or the amount of time it would take to fully remove the graffiti. Moreover, a minor convicted of graffiti charges in New Jersey may potentially lose their driver’s license. 

How an Attorney Can Help: Possible Defenses

It may be possible that a person was caught red-handed and that they are, in fact, responsible for an act of vandalism. In this case, an attorney can help to negotiate a plea bargain to a lesser charge. There may also be defenses available to the less clear-cut cases. 

Vandalism requires deliberate action taken to damage property. If the act happened accidentally, then one cannot be charged with the crime. It is also possible that there is a case of mistaken identity, where the person being charged is not actually the one who committed the crime. Depending on the evidence and the ability of the attorney, it would be possible to get charges dropped or reduced altogether. 

No matter the scenario, going to an attorney increases the chances of avoiding harsh penalties, permanent criminal records, and even avoiding the consequences altogether. Nothing is a guarantee, and every case is different, however, your outcome with an experienced attorney is likely better than without one. 

Who Should I Contact?

If you or a loved one was charged with vandalism in New Jersey, contact Rosenblum Law today. Our skilled criminal defense attorneys have helped many people charged with vandalism and other related offenses. We can defend your constitutional rights, fight to keep you out of jail, and do what we can to have your vandalism charges reduced or dismissed. E-mail or call Rosenblum Law today at 888-815-3649.

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