Mischief Night in
New Jersey: A Lawyer’s Guide to Criminal Mischief
In New Jersey, the night before Halloween has come to be
known as Mischief Night. Traditionally,
this evening has seen a rise of vandalism by eggs, shaving cream, toilet paper,
rocks, and paintballs. In some towns,
matters have become so severe that the police have instituted “No Tolerance
Policies” wherein they have increased police patrols, stopped groups of teens
and preteens wandering the streets at night, and confiscated any item that they
believe can be used to damage property.
Before engaging in any of these activities, remember there are serious
consequences that can occur if you are found to be damaging or defacing
another’s property.
Criminal mischief is defined under N.J.S.A. 2C:17-3 as
purposely or knowingly damaging tangible property of another or damaging
tangible property of another recklessly or negligently in the employment of
fire, explosive or other dangerous means. Or purposely, knowingly or recklessly
tampering with tangible property of another so as to endanger person or
property…
The grading of criminal mischief depends on the amount of
damage and the method of causing the damage.
For example, if $2,000 of damage or more occurs, criminal mischief is a
crime of the 3rd degree, between $500 and $2,000 is a 4th
degree crime, and less than $500 is a disorderly persons offense. However, irrespective of the value, if the
damage is done to a research facility, it is automatically a 3rd
degree crime. If the damage is done to
any sign (including street signs), signal, light, or airport it is a 4th
degree crime. If the damage is done to any grave, crypt, mausoleum or other
site where human remains are stored it’s a crime of the 3rd degree.
Under 2C:17-3c a person convicted of an offense of criminal
mischief that involves an act of graffiti may, in addition to any other penalty
imposed by the court, be required to perform community service, which shall
include removing the graffiti from the property, if appropriate.
Consider the following common scenario. Johnny is a 17 year
old male who has never before been any kind of trouble. He goes to school, likes music, and has a
group of close friends. This year there
are no good parties worth going to, so Johnny and his friends decide it would
be fun to toilet paper some schoolmates’ houses and cover their cars in shaving
cream. Armed with cans of Barbasol and
Charmin Ultra, because it’s the softest, they take off on foot for the nearest
cheerleader’s house. While Johnny is
halfway through slinging his third roll into the family oak, Kimberly’s parents
see the ruckus and call the police. Just
as the group is finishing up and about the head out, the red and blue lights
arrive at the scene. Three of Johnny’s
friends take off, and Johnny is left next to 6 empty cans of shaving cream and
a dozen empty rolls of toilet paper.
Stage 1 Arrest:
Johnny is placed under arrest, searched, handcuffed, forced into the
back of a police car, and taken to the police station.
Stage 2 Processed: Johnny is fingerprinted, photographed and
forced to sit handcuffed to a bench for hours while the police process their
paper work. Because he is a juvenile
(under 18) his parents are called to pick him up. He is given a complaint and summons to appear
in Superior Court Family Division.
Stage 3 First Appearance:
Johnny will have to check in with a Family Judge of the Superior Court.
He will be required to apply for a public defender or hire a private
attorney. Because Johnny is underage he
cannot represent himself.
Stage 4 Status Conference/Plea: With little in the way of
defenses, Johnny will likely be taking a plea to criminal mischief. At best, he can hope for a deferred
disposition, meaning he will go on a period of probation and if he stays out of
trouble his charges will be dismissed.
He likely will be sentenced to community service and have to pay for any
damage done to the property.
So what’s the big picture?
Johnny and his friends wanted to celebrate Mischief Night and engage in what
seemed like harmless fun with shaving cream and toilet paper at the house of
someone they knew. His friends split,
leaving him to take the wrap the everyone’s activity. Now he is part of the system and the courts
have a file with his name on it. He has
exhausted his deferred disposition and probably will never been given another
opportunity to avoid a conviction if he is arrested again. He had to pay hundreds back to the property
owner, thousands to his attorney, and 30 hours community service picking up
garbage on the side of the road.
Please keep Johnny in mind when you enjoy this
Halloween. Be safe and remember to
respect others.
Roberts & Teeter, LLC
www.centralnjlawyers.com
