Malicious Mischief (First, Second and Third Degrees)

In Washington, there are three degrees of the Malicious Mischief. From most to least serious, they are:  Malicious Mischief in the First Degree, Malicious Mischief in the Second Degree, and Malicious Mischief in the Third Degree.

The First and Second Degrees of Malicious Mischief are felonies, while Third Degree is a gross misdemeanor. What separates the degrees of crime severity is the dollar value of the property that was damaged.  Recently, the dollar value has changed to reflect inflation that has occurred since the laws were last modified.

Whichever the degree, the basic elements remain the same: a person must knowingly and maliciously cause physical damage to the property of another. Basically, this means you must know that property is not entirely yours (so a husband damaging community property can be liable), and knowingly damage that property with an “evil purpose.”

Malicious Mischief Third Degree (RCW 9A.48.090) is malicious mischief where the property damaged is valued at less than or equal to $750, including a value of zero. It is a punishable by up to 365 days in jail and a $5000 fine.

Malicious Mischief Second Degree (RCW 9A.48.080) is malicious mischief where the property damaged is valued at more than $750. It is a Class C felony.

Malicious Mischief First Degree (RCW 9A.48.070) is malicious mischief where the property damaged is valued at more than $5000. It is a Class B felony.

Ashbach Law Offices, LLC represents those charged with Malicious Mischief in the First, Second or Third Degree charges arising out of Arlington, Edmonds, Everett, Granite Falls, Lake Stevens, Lynnwood, Marysville, Monroe, and the rest of Snohomish County, Washington.

These charges are typically filed in Cascade District Court, Edmonds Municipal Court, Everett District Court, Everett Municipal Court, Evergreen District Court, Lynnwood Municipal Court, Marysville Municipal Court, and South District Court, all located in Snohomish County, Washington.

If you, or someone you care about, have or has been charged with Malicious Mischief in the First, Second or Third Degree, call Ashbach Law Offices, LLC at (360) 659-4950 for a FREE CONSULTATION today.

RCW 9A.48.090 -Malicious mischief in the third degree.

(1) A person is guilty of malicious mischief in the third degree if he or she:

     (a) Knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or

     (b) Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree.

(2) Malicious mischief in the third degree is a gross misdemeanor.