If the damage is $1,000 or greater, or if there is interruption or impairment of a business operation or public communication, transportation, supply of water, gas or power, or other public service which costs $1,000 or more in labor and supplies to restore, it is a felony of the third degree, punishable as provided in ...
Generally, it is a felony when the amount of damage to public or private property is $400 or more or if the accused has prior convictions of vandalism. On the other hand, if the value of the damaged property is less than $400, it is a misdemeanor criminal mischief.
If the damage is greater than $250, criminal mischief can be charged as a felony. Criminal mischief is broken up into 4 degrees with 1st degree being the most serious.
Elements of a Criminal Mischief Charge Intent: The prosecution must demonstrate that the defendant intentionally committed the act, knowing that it would result in damage to someone else's property. Property Damage: There must be evidence of actual damage or destruction to the property in question.
Criminal mischief in the first degree is a class "C" felony.
The punishment for Criminal Mischief ranges from as low as a Class C Misdemeanor all the way up to a First Degree Felony. The penalty scheme has been updated by the legislature in seven bills since 2015.
Penalties for Criminal Mischief in California They include up to one year in the county jail and/or the following fines: $400 or more: up to $10,000 in fines. $10,000 or more: up to $50,000 in fines. $400 or less: up to $1,000 in fines.
Section 164.365 - Criminal mischief in the first degree (1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right: (a) Damages or destroys property of another: (A) In an amount ...
Penalties for Criminal Mischief in California They include up to one year in the county jail and/or the following fines: $400 or more: up to $10,000 in fines.
Between $100 and less than $750—This is a Class B misdemeanor, with a jail term of up to 180 days and a maximum $2,000 fine. Between $750 and less than $2,500 – Class A misdemeanor, which results in a jail sentence not exceeding one year and a fine under $4,000.