For this reason, Malicious Mischief or Destruction of Property are commonly charged on the same incident report as a DV assault. When law enforcement arrives at a residence to investigate a domestic disturbance, they will be looking for destroyed property in addition to signs of an assault. In addition, a prosecutor must prove that the defendant's intent was to damage the property and not the result of an accident. If a domestic relationship can be established, there are often questions about who owns the property and who was responsible for damaging it. There are enhanced penalties for a Malicious Mischief 3 DV conviction. Malicious Mischief 3 (3rd degree) can have a domestic violence (DV) designation attached to the charge if the defendant has a current or past domestic relationship with the alleged victim. You do not have a current or past domestic relationship (family member, romantic partner, roommate) with the victim.
The property damage or vandalism did not occur during a riot or against a public official.There was no intent to commit a felony crime.The judge receives proof that the victim was compensated.The victim agrees to be compensated for the damaged property.In cases where there was an admission of guilt or there are credible witnesses to collaborate the accuser's story, a case dismissal or significant reduction may still be possible.įor example, there is a Compromise of Misdemeanor law in WA State that can be used to prevent a criminal conviction if: The arresting police officer will sometimes pressure an alleged victim to agree with what they believe happened. Most arrests that we investigate are based on the alleged victim's accusations, which are often inaccurate or exaggerated. Law enforcement is trained to look for and ask the alleged victim if property has been damaged. Malicious Mischief charges are very commonly associated with domestic violence (DV) calls. In Washington State, Malicious Mischief or Destruction of Property charges are filed when a person is believed to have knowingly and maliciously caused physical damage to the property of another person or business.
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