A criminal property damage offense in Utah is most commonly charged as criminal mischief, under Utah state laws. It can be a misdemeanor or felony level offense depending on the cost of the damage, and the specific details of the action.
There are a variety of actions that can get you charged with criminal mischief in the state of Utah. You may be answering charges in court if you are accused of any of the following acts:
- Destroy property with the intent of defrauding an insurer,
- Intentionally tamper with someone else’s property so that it:
- Recklessly endangers human life, or human health or safety, or
- Recklessly causes a substantial interruption of any “critical infrastructure” (public utilities, etc.).
- Intentionally damage, destroy, or deface someone else’s property, or
- Recklessly or willfully shoot or propel an object at a vehicle, bus, boat, plane, train, or railway care whether moving or still.
How you are charged and the penalty you face depends on the value of the damage done and other specifics surrounding the incident.
Class B misdemeanor Criminal Mischief
The offense you are charged with may be considered a Class B misdemeanor if the action recklessly endangers human health or safety or if the value of damage is less than $300. Class B misdemeanors are punishable by up to 6 months in jail and fines reaching $1,000.
Class A Misdemeanor Criminal Mischief
Your criminal mischief charge could be a Class A misdemeanor if the act recklessly endangers human life or the damage is valued at between $300 and $1,000.
Class A misdemeanors carry a potential sentence of up to 1 year in jail and fines of $2,500.
Third Degree Felony Criminal Mischief
You could face a 3rd degree felony charge if the damage caused by the act is valued at between $1,000 and $5,000. This classification of felonies is punishable by up to 5 years in prison and fines of $5,000.
Second Degree Felony Criminal Mischief
Criminal mischief is charged as a 2nd degree felony if it recklessly causes or threatens to cause a substantial interruption or impairment of a critical infrastructure or if the damage caused in the commission of the offense is valued at more than $5,000.
A 2nd degree felony can carry a potential penalty of 1 to 15 years in prison and fines reaching $10,000.
Ref: Utah Code Section 7-6-106