Washington State Malicious Mischief

(206) 467-3190
Burg & Lantz: WA Criminal Defense
Burg & Lantz: WA Criminal Defense

Give Us A Call: 206-467-3190

We have helped many people who are in a similar situation to you fight their charges.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 

If you, or someone you know, is facing a Washington State malicious mischief charge, the government must prove the elements of that offense beyond a reasonable doubt. These elements are laid out under the Washington State criminal statutes.

Washington State malicious mischief charges are broad and serious. Both malicious mischief in the first and second degree are felonies, while malicious mischief in the third degree is a gross-misdemeanor.

If you have any questions about the elements of the Washington State malicious mischief charges, please feel free to contact us for a free consultation.

Revised Code of Washington Statutes

Below is the Revised Code of Washington statutes (what the Washington state government must prove beyond a reasonable doubt to convict you of this crime):

9A.48.070 Malicious Mischief in the First Degree

(1) A person is guilty of malicious mischief in the first degree if he or she knowingly and maliciously:

(a) Causes physical damage to the property of another in an amount exceeding five thousand dollars;

(b) Causes an interruption or impairment of service rendered to the public by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication; or

(c) Causes an impairment of the safety, efficiency, or operation of an aircraft by physically damaging or tampering with the aircraft or aircraft equipment, fuel, lubricant, or parts.

(2) Malicious mischief in the first degree is a class B felony.

9A.48.080 Malicious Mischief in the Second Degree

(1) A person is guilty of malicious mischief in the second degree if he or she knowingly and maliciously:

(a) Causes physical damage to the property of another in an amount exceeding seven hundred fifty dollars; or

(b) Creates a substantial risk of interruption or impairment of service rendered to the public, by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication.

(2) Malicious mischief in the second degree is a class C felony.

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.

9A.48.100 Malicious Mischief — "Physical Damage" defined

For the purposes of RCW 9A.48.070 through 9A.48.090 inclusive:

(1) "Physical damage", in addition to its ordinary meaning, shall include the total or partial alteration, damage, obliteration, or erasure of records, information, data, computer programs, or their computer representations, which are recorded for use in computers or the impairment, interruption, or interference with the use of such records, information, data, or computer programs, or the impairment, interruption, or interference with the use of any computer or services provided by computers. "Physical damage" also includes any diminution in the value of any property as the consequence of an act;

(2) If more than one item of property is physically damaged as a result of a common scheme or plan by a person and the physical damage to the property would, when considered separately, constitute mischief in the third degree because of value, then the value of the damages may be aggregated in one count. If the sum of the value of all the physical damages exceeds two hundred fifty dollars, the defendant may be charged with and convicted of malicious mischief in the second degree.

Facing a Criminal Charge in Washington State?

Give Us A Call: 206-467-3190

We will not try to "hard sell" you.

Finally, we will not try to “hard sell” you to hire us. We know choosing an attorney is a big decision and one you must make carefully – not under pressure. Because an effective attorney-client relationship requires a lot of communication and trust, we really only want to represent people who feel comfortable with us and have complete confidence in our abilities. If you don't, then you have the right to an attorney that you do feel would be a better fit.

Thank you for taking the time to look through this web site. Please contact us if you would like to meet and further discuss how we may assist you.

Contact Us Today

Burg Criminal Defense is committed to answering your questions about DUI, Domestic Violence, Assault, Hit & Run, Reckless Driving, Theft/Shoplifting, Harassment, or Patronizing a Prostitute legal issues within the Seattle, Washington State area.

We offer a Free Initial Consultation and we'll gladly discuss your case with you at your convenience. Contact us today at 206-467-3190 to schedule an appointment.

Menu