In some cases, the issue of the cost of repair may reduce a felony case to a misdemeanor. The only important value is the amount of the damage done in terms of dollars stated differently, the cost of repair. The value of damage to an item is not what it cost to purchase or what the retail value is of a similar item.

Second, in criminal mischief cases, the issue of value must always be closely examined. This could be especially so when the property is already damaged or when a wall is already tagged with graffiti. First, the person may well reasonably believe that a property owner has consented in the destruction or defacement of the property. Whether a person is charged with criminal mischief, defacing property or other related property crimes, the general approach to defending criminal mischief and related crimes remains the same. Where there is no valuation of the damage, criminal mischief is a Class B misdemeanor, punishable by a jail sentence not to exceed 90 days. Where the damage is more than $500, criminal mischief is a Class A misdemeanor, punishable by a jail sentence not to exceed 12 months. Where the damage if more than $1,000, criminal mischief is a Class D felony, punishable by one to five years’ imprisonment. Whether in the Louisville area or anywhere in Kentucky, criminal mischief generally occurs where a person intentionally or wantonly defaces, destroys or damages any property. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles. Perhaps more importantly, our top criminal defense attorney is a former senior prosecutor who knows how prosecutors handle these cases. At Pearson & Paris, P.S.C., our 60 years of combined legal experience can be used to protect your rights.

An experienced attorney can help you fight a charge of criminal mischief.

Malicious mischief 3 penalty