Hoboken Criminal Mischief Charges Result in No Criminal Record
Need Lawyer for Misdemeanor Criminal Charge in Hoboken Court? Call Us Now
The criminal defense team at the Tormey Law Firm recently accomplished another victory in the Hoboken Municipal Court. Hoboken Municipal Court handles all traffic offenses including DWI’s allegedly committed in the city of Hoboken as well as all disorderly persons (misdemeanor) criminal charges. Any indictable (felony) criminal charges are transferred to the Hudson County Superior Court in Jersey City for resolution. The Hoboken Municipal Court is located at 100 Newark St, Hoboken NJ 07030. You can reach them by phone at 201-420-2120.
How do I know if my criminal mischief charge is a felony or misdemeanor?
It has to do with the amount of the alleged damage done. If the amount of the alleged damage done is less than $500, then this is a disorderly persons offense (misdemeanor) which will be handled in the local municipal court. Any allegations of $500 or more in damages will be graded as a felony (indictable) charge and the case will be handled in Superior Court.
Our client was initially facing a disorderly persons offense due to alleged criminal mischief, but our defense team was able to negotiate a downgrade of the charge to a municipal ordinance violation of breaching the peace, resulting only in a fine, no jail time, and most importantly no criminal record. Surprisingly, under the New Jersey Criminal Code, even a disorderly persons offense such as criminal mischief subjects the defendant to high fines, potential jail time and a permanent criminal charge on your record if convicted. In addition, our client was an attorney so if he was convicted of this criminal mischief charge it could impact his professional license.
Criminal Mischief Law in NJ – NJSA 2C:17-3
Pursuant to the New Jersey Criminal Code, N.J.S.A 2C:17-3(a) a person is guilty of criminal mischief if he: (1) purposefully or knowingly damages tangible property of another or damages tangible property of another recklessly or negligently in the employment of fire, explosives, or other dangerous means; or (2) purposefully, knowingly, or recklessly tampers with tangible property of another so as to endanger person or property, including the damaging or destroying of a rental premises by a tenant in retaliation for institution of eviction proceedings. Under New Jersey law, criminal mischief is a crime of the third degree if the actor purposely or knowingly causes pecuniary loss of $2,000 or more; a crime of the fourth degree if the actor causes pecuniary loss in excess of $500 but less than $2,000; and a disorderly persons offense if the actor causes pecuniary loss of $500 or less.
Penalties for Criminal Mischief Criminal Charges – Fines, Jail Time, Criminal Record
The penalties for a disorderly persons offense, including criminal mischief, subjects the defendant to a $1,000 fine and up to six months in the Hudson County jail, as well as a permanent record of the disorderly persons offense that would be disclosed on any criminal background check. In this case, our client was arrested by the Hoboken Police and issued a complaint for criminal mischief after allegedly kicking another person’s car, causing damage. But luckily, our client called the defense team at the Tormey Law Firm and we got to work reviewing the discovery, analyzing the case, and determining the best defense strategy. Then, we met with the prosecutor and negotiated a plea deal that got out client exactly what he wanted: no jail and no criminal record.
Arrested for Criminal Mischief in Hoboken NJ? We can help
If you have been charged with criminal mischief or other disorderly persons offenses in Hoboken, contact the Hoboken NJ criminal defense attorneys at the Tormey Law Firm today.
