Massachusetts

You could be facing the serious criminal property damage offense known as Malicious Damage in the state of Massachusetts if you destroy or damage the property of another. The charge and potential sentence you face all depends on your mindset at the time of the offense.

If you acted “willfully and maliciously” your possible sentence will be up to 10 years in prison and fines of $3,000 or 3 times the amount of the damage caused, whichever is greater, or up to 2 ½ years in jail.

If, however you acted “wantonly” your penalty is a maximum of 2 ½ years in jail or a fine of $1,500 or three time the value of the damage, whichever is greater.

The distinction is if you act deliberately, or something closer to carelessly when causing damage to property that results in a malicious damage offense.

If the damage is valued at less than $250, you face possible jail time of up to 2 ½ months and fines equal to 3 times the amount of the damage.

Ref: MGL §266-127

Destruction of Certain Properties and Buildings

Some specific sites for damage/vandalism in Massachusetts will result in a more serious criminal felony charge, due to the sensitive or sacred nature of the location.

If you are facing accusations of willfully, intentionally, or wantonly destroying or defacing any of the following properties, you could be charged with this offense:

  • Church
  • Burial grounds
  • School
  • Synagogue
  • Any house of worship
  • Community center
  • Educational facility
  • Memorial

If the property damage or destruction is valued at more than $5,000, you will face a potential 5 year prison sentence and fines of 3 times the amount of the damage.

If the damage is less than $5,000, you face 2 ½ years in jail and a fine of $2,000 or 3 times the value of damage, whichever is greater.

Ref: MGL §266-127A

Defacement of Property/ Graffiti

Graffiti is defined as intentionally, willfully and maliciously, or wantonly marking, painting, scratching, or etching into someone else’s property including walls, buildings, fences, rocks, signs, or monuments. If facing this charge, you potential sentence could be as much as 3 years in prison with fines reaching $1,500 or up to 3 times the amount of the damage, whichever is greater.

A conviction of this offense also warrants a driver’s license suspension for one year.

Ref: MGL §266-126A