Juvenile Criminal Mischief Defense Lawyer Near Me in New Jersey
Lately, the saying that “kids will be kids” seems to be more common than ever before. While this holds true for some kinds of childhood fun, the state of New Jersey takes juvenile criminal mischief charges quite seriously.
As a highly experienced and knowledgeable New Jersey juvenile criminal mischief lawyer, John B. Fabriele, III works every day to protect the future of his juvenile clients. No matter how severe the nature of your child’s charges are, John will always argue for an outcome that protects your family’s best interests. Contact us today or call (732) 246-0888 for your free case evaluation.
What is the Definition of Criminal Mischief in New Jersey?
Per New Jersey Criminal Code Section 2C :17-3, the definition of criminal mischief in New Jersey is:
- “Knowingly, purposely, or recklessly tampering with tangible property of another, so as to endanger property or person” or
- “Purposely or knowingly damaging property or another, or damaging tangible property of another negligently or recklessly in the employment of explosive, fire, or other dangerous means.”
A few common examples include:
- Kicking in doors
- Breaking windows
- Keying a car
- Spray painting graffiti
- Toilet-papering someone’s home or property
- Smashing mailboxes
While these acts often start as “friendly dares,” they can easily lead to you searching online for “juvenile criminal mischief defense lawyer near me in New Jersey.”
And to be clear, it doesn’t matter whether the person committing them is under 18—they can still be charged with juvenile criminal mischief.
Types of Juvenile Criminal Mischief-Related Offenses
The types of juvenile criminal mischief-related offenses include:
- Criminal mischief – Knowingly damaging and/or tampering with physical, tangible property of another person (including vandalism, and destruction)
- Graffiti – Painting or drawing on public or private property without permission
- Trespassing – Entering or loitering on property or in a structure without permission (whether or not physical property damage occurs)
- Vandalism of public property – Damaging public property like transportation facilities or park equipment
- Property damage in school – Vandalism or destruction of any school property, including equipment, buildings, and vehicles
- Vehicle vandalism – Damaging or tampering with a vehicle, such as slashing tires or keying a car
- Environmental offenses – Performing activities that damage the environment, whether forests, wildlife, etc.
This list shows just how easy it can be for a minor to find themselves facing criminal mischief charges. Especially in this modern age of posting videos on social media, kids and teens often think before they act.
Potential Penalties for Juvenile Criminal Mischief Charges in New Jersey
In New Jersey, the penalties for criminal mischief are generally assigned depending on the monetary value of the property damage:
- Valued at $500 or less: the potential penalties are fines up to $1,000 and a disorderly person’s charge (which can come with a six-month incarceration/detention sentence)
- Valued at more than $500 but less than $2,000: the potential penalties are fines up to $10,000 and up to 12 months of incarceration/detention
- Valued at more than $2,000: the potential penalties are fines up to $15,000 and up to 2 years of incarceration/detention
But you should also know that certain situational details can also impact the severity of these penalties.
For example, damaging an oil/gas/service line, tampering with an airport or landing strip, or performing an act of graffiti can all cause higher fines—regardless of the monetary value of the property damaged.
Speaking with an accomplished, experienced New Jersey juvenile criminal mischief lawyer like John B. Fabriele, III can help you get a clear understanding of exactly what you and your child are up against in terms of potential consequences.
Protect Your Child’s Future and Freedom by Hiring a Dedicated, Experienced New Jersey Juvenile Criminal Mischief Lawyer
It’s no secret that juveniles often don’t fully grasp the potential consequences of their actions. After all, studies show the teen brain isn’t fully mature—that doesn’t happen until a person’s mid-to-late 20s. But despite this fact, when a juvenile is arrested for criminal mischief, it often puts both their and the parent’s behavior under a microscope.
In addition to the fines and potential incarceration, the judge may order social services to step in with resources, or even remove your child from your home.
If you’ve found yourself in need of an NJ juvenile criminal mischief lawyer, contact John B. Fabriele, III today. We’re open 24 hours because these things don’t just happen during business hours—just call (732) 246-0888 now.
NJ Juvenile Criminal Mischief Lawyer FAQs
With over 20 years of experience winning favorable outcomes as a New Jersey juvenile criminal mischief lawyer, John B. Fabriele, III has heard just about every question out there regarding these types of charges. Below are answers to some of the most common questions.
Can a juvenile record be expunged in New Jersey?
Yes, a juvenile record can be expunged in New Jersey if you meet several specific criteria. Per N.J.S.A. 2C:52-1 through 2C:52-32, any person deemed a juvenile delinquent can have their record expunged so long as:
- The act, if committed by an adult, would’ve constituted a crime
- The act, if committed by an adult, would’ve constituted a disorderly or petty disorderly persons charge
- The act, if committed by an adult, would’ve constituted an ordinance violation
If you meet these requirements, you’re eligible for expungement once:
- Five years have passed since your final discharge from legal supervision/custody
- Or five years have passed since the entry of any other court order unrelated to custody/supervision
- You haven’t been convicted, deemed a delinquent, or in need of supervision for the past five years
- None of your juvenile crimes, if committed by an adult, would be ineligible for expungement
- You’ve never had adult criminal charges dismissed after completing a supervisory treatment/diversion program
However, applying for expungement in NJ is a complex process.
The state of New Jersey even recommends you consider hiring a lawyer rather than representing yourself. If you’d like to get your juvenile record expunged in NJ, contact New Jersey juvenile criminal mischief lawyer John B. Fabriele, III today at (732) 246-0888.
What are the possible defenses for juvenile criminal mischief?
The possible defenses for any juvenile criminal mischief case will depend on specific details, but a few common strategies are:
- Demonstrating that eyewitnesses are mistaken, or that photo/video evidence isn’t high quality enough to identify someone definitively
- Researching and challenging any claims regarding injury or death related to the criminal mischief charges
- Getting an independent estimate of the value of the property, which can ultimately reduce the severity of the charges
- Establishing a solid alibi for the day and time of the alleged crime
- Proving the damage was an accident, not intentional
To learn more about which defense strategies might be best for your child, start by calling John B. Fabriele, III now at (732) 246-0888. During your free case evaluation, he can get a deeper understanding of your situation and how to secure a favorable outcome in your child’s case.
How to find and choose a juvenile defense attorney in New Jersey?
While you’re choosing a New Jersey juvenile criminal mischief lawyer, you want to keep their reputation, knowledge, and experience in mind. These qualities are especially crucial in juvenile cases because there’s only one agency that handles them: the Juvenile Justice Commission.
This system functions quite differently than the adult legal system. And since everything goes through them, having in-depth knowledge and understanding of its operations can make all the difference in winning a favorable outcome for your child.
That’s why you need an extremely experienced, knowledgeable, and successful New Jersey juvenile criminal mischief lawyer if your child is facing these types of charges. Don’t wait to start protecting your family’s best interests—contact New Jersey Juvenile Defense Lawyer John B. Fabriele, III now at (732) 246-0888.
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