Malicious Mischief

In Washington State, Malicious Mischief is committed when a person “knowingly and maliciously” causes physical damage to property, impairs governmental service, or impairing an aircraft or aircraft parts. There are three degrees of Malicious Mischief. Physical Damage "in addition to its ordinary meaning, shall include the total or partial alteration, damage, obliteration, or erasure of records, information, data, computer programs, or their computer representations, which are recorded for use in computers or the impairment, interruption, or interference with the use of such records, information, data, or computer programs, or the impairment, interruption, or interference with the use of any computer or services provided by computers." It also includes the reduction in value of any property as a consequence of the act. Under RCW 9A.48.070, a person is guilty of First Degree Malicious Mischief (a Class B Felony) if he or she knowingly and maliciously:

• a) Causes physical damage to the property of another in an amount exceeding five thousand dollars;
• b) Causes an interruption or impairment of service rendered to the public by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication; or
• c) Causes an impairment of the safety, efficiency, or operation of an aircraft by physically damaging or tampering with the aircraft or aircraft equipment, fuel, lubricant, or parts.

Under RCW 9A.48.080, a person is guilty of Malicious Mischief in the Second Degree (a Class C Felony) if he or she knowingly and maliciously:

• a) Causes physical damage to the property of another in an amount exceeding seven hundred fifty dollars; or
• b) Creates a substantial risk of interruption or impairment of service rendered to the public, by physically damaging or tampering with an emergency vehicle or property of the state, a political subdivision thereof, or a public utility or mode of public transportation, power, or communication.

Under RCW 9A.48.090, a person is guilty of Malicious Mischief in the Third Degree if he or she

• a) Knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or
• b) Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree

Ashbach Law Offices, LLC has extensive history successfully representing people charged with Malicious Mischief charges, including all degrees. Such results have often included dismissals and reductions from felony level to gross misdemeanor levels. If you, or someone you care about, has been charged (or may be) with Malicious Mischief in King County, Skagit County, Snohomish County, or Whatcom County, call Ashbach Law Offices, LLC today at (360) 659-4950 for a free, no-pressure case evaluation. With a reputation in the legal community as aggressive, effective and successful criminal defense attorneys, we are here to help you through your difficult times.