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.
When you hear the word intimidation, it might bring to mind a bully threatening to steal your lunch money if you don’t comply with their wishes. On a more frightening note, it could be someone in a gang threatening to inflict serious bodily harm. While this scenario can be scary for the victim, it can also be criminal in the state of Utah. In fact, it’s the seventh most common crime in the Beehive state.
Even if you have been charged with what you feel is minor damage to property, law enforcement has plenty of tactics to investigate and prosecute property crimes and give punishments that seem more severe than the crime. This is partly because it’s common for law enforcement to use the criminal justice system as a collection agency in civil disputes. Additionally, many cases of property crime stem from a dispute about property rights and overexaggerated accusations, so proving guilt isn’t always straightforward. This is why it’s important to have an experienced lawyer go through your case. If you have been charged with a property crime of any severity, there are options available. There are other options than just pleading guilty.
The Utah Legislature meets for 45 calendar days (starting in January and ending in March) each year for the legislative session. Hundreds of bills* are proposed to change Utah’s laws. While many of the bills proposed and laws passed don’t deal with criminal matters, we keep an eye on the ones that do and how they might affect the rights of Utahns who are charged with crimes.
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.
