Whether you destroy a valued possession of a partner in a domestic dispute or deface public property as part of a protest, you could be charged with criminal mischief. Additionally, destroying your own property for insurance money or recklessly causing a substantial interruption to structures like public utilities, health care facilities, or government operations is also considered criminal mischief.
Below are four questions you may have about criminal mischief charges in Utah. The details are summarized from the official Utah code. For the full details, see the Utah code website.
1. What is criminal mischief?
Criminal mischief is a specific type of property crime that ranges in severity from destruction of property to endangering human life. The following bullets outline the specific types of crimes that could result in criminal mischief charges.
under circumstances not amounting to arson, damaging or destroying property with the intention of defrauding an insurer
intentionally and unlawfully tampering with the property of another and recklessly endangering human life or human health or safety
intentionally and unlawfully tampering with the property of another and recklessly causing or threatening a substantial interruption or impairment of any critical infrastructure (defined below)
intentionally damaging, defacing, or destroying the property of another
recklessly or willfully shooting or propelling a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing
2. What is considered critical infrastructure?
Critical infrastructure includes many things you might think of, but there are also a few you may not. According to the Utah code, the following is considered critical infrastructure:
information and communication systems
financial and banking systems
any railroads, airlines, airports, airways, highways, bridges, waterways, fixed guideways, or other transportation systems intended for the transportation of persons or property
any public utility service, including the power, energy, and water supply systems;
sewage and water treatment systems
health care facilities and emergency fire, medical, and law enforcement response systems
public health facilities and systems
food distribution systems
other government operations and services
3. What are the penalties for criminal mischief in Utah?
Within the Utah code, there are four specific violations with their own criminal classifications:
under circumstances not amounting to arson, damaging or destroying property with the intention of defrauding an insurer—third degree felony
Intentionally and unlawfully tampering with the property of another and as a result recklessly endangering human life—class A misdemeanor
Intentionally and unlawfully tampering with the property of another and as a result recklessly endangering human health or safety—class B misdemeanor
intentionally and unlawfully tampering with the property of another and as a result recklessly causing or threatening a substantial interruption or impairment of any critical infrastructure—second degree felony
Outside of those specific instances, any other criminal mischief violation will result in charges based on the value of the property that was lost:
Conduct that causes or is intended to cause a loss of $5,000 or more in value—second degree felony
Conduct that causes or is intended to cause a loss between $1,500 and $5,000 in value—third degree felony
Conduct that causes or is intended to cause a loss between $500 and $1,500 in value—class A misdemeanor
Conduct that causes or is intended to cause a loss of less than $500 in value—class B misdemeanor
4. Do I need a lawyer to represent my criminal mischief case?
Whether your criminal mischief charge is a misdemeanor or a felony, you deserve to have your rights protected. The expert criminal lawyers at Brown, Bradshaw & Moffat will work hard to build a strong defense and work with you to determine the best course of action for your case.
Contact us at (801) 532-5297 if you have questions about your criminal mischief charges or to get started on your defense.
In Utah, automobile theft is classified within the broader theft and robbery laws. However, stealing a car has its own penalties. For example, stealing property that is valued between $500 and $1,500 is considered a class A misdemeanor and the punishment could be up to 364 days in jail and/or up to $2,500 fine. BUT if the property stolen is a car, even if its value is less than $1,500, the crime is automatically considered a second-degree felony. And that could mean one to 15 years in prison and up to $10,000 in fines. So, whether someone steals a 1988 Honda Accord or a 2022 Tesla, the punishment is the same. There is no differentiation in the law for the value of the vehicle. If you steal a car, you steal a car, and that’s classified as a second-degree felony.
When you do a Google image search for “burglar,” you get pictures of a stereotypical robber who is about to steal from a bank or jeweler. However, you may be surprised to find out burglary and theft are not the same thing. In fact, they are two separate crimes, and both make the list of the ten most common crimes in Utah. While they tend to go hand-in-hand, you can get charged with burglary without stealing a cent.
If you have been sentenced to a prison term, the best thing to do is make the most of whatever time you serve—even if you plan to file an appeal. Focusing on what you can control and working to improve your circumstance will help you stay hopeful and resilient. While we acknowledge the flaws in the prison system and continue to fight for improvements, there are still positive opportunities for those serving time in Utah’s prisons. According to the Utah Department of Corrections website, 95% of those who leave the prison system lead successful, crime-free lives after they are released.
Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah. The use of this form for communication with our personnel does not establish an attorney-client relationship.
