What to Know If You’re Accused of Vandalism or Criminal Mischief in Pennsylvania

Whether it’s a broken window, spray paint on public property, or damage to a car, if you’re charged with criminal mischief in Philadelphia or anywhere in the state, it’s important to understand the law—and how a criminal defense attorney can help protect your rights and future.

What Is Criminal Mischief Under Pennsylvania Law?

Criminal mischief is defined under 18 Pa. C.S. § 3304 as intentionally or recklessly damaging, defacing, or tampering with someone else’s property.

Common examples include:

• Spray-painting graffiti on a wall

• Keying or breaking someone’s car

• Smashing windows or damaging fences

• Slashing tires

• Tampering with equipment (e.g., vending machines, parking meters)

• Damage during a fight or dispute

Even something that seems like a harmless prank—like throwing eggs or writing on a desk—can lead to charges.

Degrees of Criminal Mischief and Penalties

The severity of the charge depends on the value of the damage:

🔹 Summary Offense

• Damage less than $500

• Penalty: Up to 90 days in jail and a $300 fine

🔹 Third-Degree Misdemeanor

• Damage $500 to $999

• Penalty: Up to 1 year in jail and a $2,500 fine

🔹 Second-Degree Misdemeanor

• Damage $1,000 to $4,999

• Penalty: Up to 2 years in jail and a $5,000 fine

🔹 Third-Degree Felony

• Damage $5,000 or more, or to critical infrastructure like public utilities

• Penalty: Up to 7 years in prison and substantial fines

Even first-time offenders can face jail, especially if the incident involved public property, hate symbols, or repeat behavior.

Other Related Charges

In addition to criminal mischief, you may also be charged with:

• Trespassing (if you entered someone’s property)

• Harassment or stalking (if the damage was directed at a person)

• Institutional vandalism (if it involved schools, churches, or cemeteries)

These charges can stack on top of each other, increasing the risk of long-term consequences.

Possible Defenses to Criminal Mischief

If you're accused of vandalism or property damage, a skilled defense lawyer may be able to argue:

✅ Lack of intent – You didn’t intend to damage the property (e.g., it was an accident)
✅ Mistaken identity – You were falsely identified or weren’t present
✅ No actual damage – The prosecution can’t prove anything was damaged or that it was you
✅ Property was jointly owned – You had a legal right to alter or use the property
✅ Value of damage is exaggerated – This can reduce a felony to a misdemeanor

What If You’re a Juvenile or First-Time Offender?

For minors or first-time adult offenders, your attorney may be able to:

• Negotiate entry into a diversion or community service program

• Seek ARD (Accelerated Rehabilitative Disposition)

• Argue for a reduced charge or dismissal after restitution

Completing a program or paying for repairs may allow your case to be dismissed and expunged, keeping your record clean.

How a Criminal Mischief Conviction Affects You

A conviction can affect:

• Employment – Especially jobs requiring background checks

• Housing – Landlords may deny applicants with property damage records

• School admissions or scholarships – Colleges may question your character

• Gun ownership and immigration status – For felony convictions

That’s why it’s critical to resolve vandalism charges with the help of an experienced defense attorney.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you’re facing criminal mischief or vandalism charges in Pennsylvania, don’t leave your future to chance. With over 30 years of experience defending clients in Philadelphia and beyond, Mark D. Hauser will fight to protect your record, negotiate alternatives to jail, and build the strongest defense possible.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.