There is a long and detailed articles about investigating criminal arson charges in Discover Magazine.

It is fascinating to see how far and how quickly the sceince of understanding how fires start, and are spread, is evolving.

And it is particularly disturbing to read that it’s very likely that people have been convicted of horrible arson offenses for with penalties of serious jail time, and even the death penalty – who we know realize were very likely innocent of the charges.

The teens from the malicious damage to personal property charges in Massachusetts, may not be off the hook yet.

Despite getting a relative slap on the wrists for massive damage to a home in East Bridgewater after a series of parties lead to between $50,000-$80,000 worth of damage, the Boston Channel reports that the family is suing the teens for the value of the damage.

Under Massachusetts malicious damage laws, the teens could have been charged with up to 3 times the cost of the damage, but apparently that didn’t happen in this case. It is possible that the prosecutors weren’t sure they could prove the charges, and agreed to a relatively minor penalty in exchange for a plea deal.

But as any defense lawyer will tell you, the standard of prove is much different in a civil lawsuit. In a criminal case, you must prove your case beyond a reasonable doubt. But to collect money for damage, the standard is typically a “preponderance of evidence”, which is considered less strict that beyond a reasonable doubt.

Because the criminal judge did not order restitution as part of the guilty plea for whatever reason, the family is exercising it’s legal rights in suing for the value of the damage, to try to be made whole after this difficult matter.

This case has generated a lot of controversy in Massachusetts, touching on areas of parental control and teen responsibility. So it will be interesting how the civil case plays itself out.

Four Massachusetts teens were convicted of a malicious destruction of property under $250, after a series of house parties that allegedly resulted in over $50,000 worth of damage to an East Bridgewater home.

According to the Brockton Enterprise, 4 out of six defendants at the Brockton District Court were convicted of the criminal charge, but were sentenced to only 1 year of probation, and community service.

It is an open question how no one was charged with a more serious crime of malicious damage , with all of that property damage to the home. Malicious damage penalties in Massachusetts can result in penalties of up to 2 1/2 years in prison, and 3 times the value of the property damage caused.

Presumably the state couldn’t prove a more serious version of the property destruction charges, which apparently took place over a number of days, with many different people in the home for a raucous party. It is likely that the prosecutor couldn’t prove who was responsible, or what their intent was, so they had to settle for a relatively minor plea and a light penalty for so much destruction.

The teens were lucky to avoid felony criminal charges.

A woman who was offended by a piece of artwork in a museum was charged with felony criminal mischief after destroying a piece in a Colorado museum. 

According to the Reporter Herald and the Denver Channel, the piece was a print of an image of Jesus Christ committing a sex act.  The woman broke through a Plexiglas display case where the image was on display at the Loveland Museum Gallery, and tore up the print.

The woman is said to be a Christian, who considered the artwork a desecration.

A felony criminal mischief charge in Colorado can result in up to 12 years in prison, and fines of up to $750,000 if convicted of the charge. The piece in question was valued at $3400, making it a Class 4 felony under Colorado law. A Class 4 felony criminal mischief charge in Colorado  carries with it a maximum penalty of up to 6 years in prison, and a $500,000 fine.

If your actions cause enough damage, you can definitely go to prison for criminal property damage or malicious mischief. That’s what happened to two men in California, after they were found guilty of carelessly and illegally starting a fire that got out of control and led to multiple homes burning down.

photo credit: The National Guard

According to the LA Times, the two men were sentenced to a year in jail as a result of their careless action starting and illegal wildfire in 2007 that lead to 53 homes in Malibu being destroyed. They pleaded guilty to criminal charges of recklessly starting a fire causing injury and causing an inhabited structure to burn, which are arson related property damage charges in California.

In addition to jail time, they will be forced to pay millions to help cover the cost of the damage to all those homes, as well as the extensive time and effort involved for the firefighters to quell the blaze.

While most malicious mischief charges don’t result in anything this serious, any careless or destructive behavior can easily get out of control.

Criminal mischief is one of those criminal offenses that often starts out as a dare or a prank. However, far from funny, this is a serious criminal charge. A good example of this recently came out of New Jersey where two teens are suspected of breaking into an empty home, watching television and eating before leaving with the resident’s cash and car.

According to the Gloucester County Times, the resident’s of the Monroe Township home were on vacation when the boys decided to make themselves comfortable. They spend hours hanging out and raided the resident’s refrigerator. They weren’t caught until they took the owner’s vehicle out and were pulled over by police.

Now, both face charge—one in adult court. That teen is facing criminal charges of burglary, theft, unlawful taking of a means of conveyance (car), and criminal mischief. Depending on the value of the property damage caused, he could face several years in prison for the criminal mischief charge alone.

Unfortunately, incidences like this aren’t unique to teens and younger adults. Criminal property damage like criminal mischief is often committed by people who want to pull a prank or people throwing a temporary temper tantrum. Typically, when it’s all over, the suspect is left feeling embarrassed of their actions and nervous at the potential repercussions.

Most states structure their criminal mischief and criminal damage laws by the value of damage done. The cost of the damage dictates the level of charge you will face. Logically, the more damage, the greater the potential sentence.

When facing charges like this, an aggressive defense attorney is crucial. Having someone who has handled similar property damage cases can be helpful in knowing what to expect and staying one step ahead of the game.

If you are facing criminal mischief or damage charges in any state—we can help. Contact us today and we can put you in touch with one of our many qualified attorneys.

There has been a disturbing run of prank calls to hotels in Alabama (H/T: Here and Now) as well as in California, Nebraska, and Arkansas. The caller tells hotel employees that they must urgently turn on sprinklers and break windows.

This action is more than just a prank, it is a criminal offense. In most states there are felony criminal property damage laws for intent to do property damage that results in such serious damage. The results of turning on a sprinkler quickly causes tens of thousands of dollars in water and flood damage to any hotel property.

photo credit: brew127

Most states also have criminal offenses for falsely setting off a fire alarm, or causing it to happen. These are separate criminal offenses.

There is no question that these are serious charges. If these people are caught, they are very likely to do jail time if convicted.

If you find yourself charged with a crime, contact an experienced criminal defense lawyer for a consultation. Whether you did something foolish that you are regret, or are accused of something you didn’t do, or were just in the wrong place at the wrong time, you need top criminal defense advice, and answers to your questions.

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Further Reading: AP,  & Rant/Rave.

Alabama Criminal Mischief Laws

More than likely that headline did not come as a surprise. Property crimes like theft and property destruction are often crimes of necessity. People are more willing to break the law when they are struggling to pay their bills and keep their homes out of foreclosure.

A statewide study in Virginia affirms this long standing suspicion. The Virginia Department of Criminal Justice Service evaluated property crime offenses during 2008 and compared it to years past. They also evaluated data from recession periods in the past. While they can’t say for certain a recession causes the rise, they can determine that the rise in property crimes coincides with periods of recession.

More than likely people are more apt to commit criminal activity when they fall on hard times. Robert McCrie points out that police controls also decrease during times of budgetary constraints. Without the money for many extra programs and staffing, crime prevention could also play a part in the rising crime rate.

More than likely the same findings would be true throughout the nation as they were for Virginia. Difficult financial times paired with budgetary constraints within the policing realm coincide with and possible contribute to a higher crime rate.

With the economy in the situation it is, there is no doubt that we may continue to see climbing instances of property crimes. When we feel cornered by our financial situations it can be very difficult to know where to turn or what to do. This could be why many people commit crimes of financial gain during these times.

While being down and out is absolutely no excuse for breaking any laws it can explain why they were broken. Facing a judge after committing a property crime only adds to the stress levels that are already at a high in an economy like this.

An experienced, aggressive defense attorney is one tool that is absolutely necessary in the battle you may be facing if charged with a property offense, no matter what state you are in.