What is criminal mischief or vandalism?
Vandalism (also called criminal mischief, malicious mischief, or criminal damage) is the intentional damaging, defacing, or destruction of property belonging to another. It ranges from graffiti and keying a car to smashing windows or damaging public infrastructure.
Is vandalism a misdemeanor or a felony?
It depends on the dollar value of the damage and the state. Damage below the state's felony threshold is a misdemeanor, while damage above it is a felony. Thresholds vary widely, for example about $400 in California, $250 in New York, $1,000 in Florida, and $2,500 in Texas.
What is the penalty for vandalism in the US?
A misdemeanor vandalism conviction typically carries up to six months to a year in jail, fines, community service, and restitution, though first offenders often get probation. Felony vandalism can carry state prison time, higher fines, and mandatory restitution for the full repair cost.
Do I have to pay restitution for vandalism?
Almost always. Courts order restitution requiring you to pay the property owner the full cost of repairing or replacing what you damaged. This is separate from any fine paid to the court and is a standard part of a vandalism sentence.
Can vandalism be charged as a hate crime?
Yes. If property is targeted because of the owner's or victim's race, religion, ethnicity, sexual orientation, or other protected characteristic, vandalism can be charged as a hate crime or carry a bias-motivation enhancement, significantly increasing the penalties.