Utah Criminal Defense

Blog

call/txt (801) 373-6345 contact jake

google-reviews facebook-reviews Avvo-Reviews Lawyers-Reviews

OREM CITY CRIMINAL MISCHIEF DEFENSE ATTORNEY

CALL/TXT OREM CRIMINAL MISCHIEF DEFENSE ATTORNEY JAKE GUNTER (801) 373-6345 CALL/TXT OREM CRIMINAL MISCHIEF DEFENSE ATTORNEY JAKE GUNTER (801) 373-6345

What Is Considered Criminal Mischief in Orem, UT?
A person commits criminal mischief in Orem, Utah if the person:

Intentionally and unlawfully tampers with the property of another and as a result, recklessly endangers
(a). human life; or
(b). human health or safety; or
(c). recklessly causes or threatens a substantial interruption or impairment of any critical infrastructure; or
(d). recklessly or willfully shoots or propels a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing.

Common Orem Justice Court Criminal Mischief Examples.

Shooting at cars. If you are shooting BB guns or archery at cars that would constitute at-least criminal mischief.

Destroying property. You destroy your girlfriend’s $400 cell phone. You would be charged with a Class B Misdemeanor for property damage under $500.

Kicked in car door. You are drunk and kick in the car door of your girlfriend. In addition to being charged with intoxication, you are charged with a Third Degree Felony for property damage over $1,500.

Are My Orem Criminal Mischief Charges Considered “Domestic Violence?” Are My Orem Criminal Mischief Charges Considered “Domestic Violence?”

Criminal Mischief is not considered a crime of domestic violence. See Utah Code 77-36-101

Definitions. Disorderly Conduct is considered a domestic violence crime, but not Criminal Mischief. All crimes of domestic violence restrict your ability to carry and possess firearms.

Criminal Mischief Statute.

The Utah Criminal Mischief statute is found at Utah Code 76-6-106 in the “Offenses Against Property” division of the Utah Criminal Code.

Defense to Orem Criminal Mischief Charges.

Valuation. The higher the money damages the higher the criminal mischief charges are. The prosecutor may feel that the car door you kicked would cost over $1,500 to fix, but in reality it only would cost $580. Under $500 is Class B Misdemeanor Criminal Mischief. Over $1,500 in property damage is a Third Degree Felony.

Sometimes hiring an expert witness on valuation of damages can prove a valid defense to overcharging. Car mechanics can be hired to value damages or collision repair shops to value how much exterior damage was really incurred.

Mens Rea Defense. Criminal mischief is an intentional crime meaning you can’t accidently commit criminal mischief. You must intentionally tamper with the property of another.

Common Class B Orem City Criminal Mischief Fines and Penalties.

Class B Misdemeanor: Up to 6 Months in the Utah County Jail.
Fine: Up to $1,000 or/and community service.
Bail Schedule Fine: $690. This is the recommended fine, not the max fine.
Prison: Prison time is not possible on sole charge of criminal mischief.
Restitution: When you break stuff while committing the act of Criminal Mischief, you will be required to pay back all broken stuff. If the event was so traumatic for the victim in the criminal mischief episode, restitution could be assessed for counseling costs.

Common Sentence for Orem City Criminal Mischief Convictions. Are My Orem Criminal Mischief Charges Considered “Domestic Violence?”

Common sentences for first time criminal mischief convictions in the Orem City Justice Court are:
(1). Jail. All jail time is imposed, but suspended.
(2). Fine. The max $1,000 is imposed, but a bail schedule fine of $690 is imposed to be paid in a lump sum or by equal monthly payments.
(3). Probation. First time offender probation will be up to 12 months of court probation, or called bench probation, non-reporting. You need to keep you address updated with the court and not commit any other crimes.
(4). Class. Depending the on circumstances, a thinking errors class or alcohol awareness class can be ordered as a part of probation.

Enhancement of Criminal Mischief Based on Damage Amounts.

Criminal mischief, much like Retail Theft, is an enhanceable offense. The more property damage that you damage the higher the criminal mischief charges will be. Here is the breakdown for criminal mischief monetary amounts.

Class B Misdemeanor: Damage under $500. (Up to 6 months jail)
Class A Misdemeanor: Damage under $1,500. (Up to 364 days jail)
Third Degree Felony: Damage over $1,500, but less than $5,000. (0-5 years in prison, jail, probation or a combination thereof)
Second Degree Felony: Damage over $5,000. (0-15 years in prison, jail, probation or a combination thereof)

Other Common Crimes Charged With Criminal Mischief.

Utah Criminal Trespass
Graffiti Vandalism
Disorderly Conduct
Intoxication
Assault Domestic Violence
Domestic Violence in the Presence of Children

CALL/TXT OREM CITY CRIMINAL MISCHIEF DEFENSE ATTORNEY JAKE GUNTER (801) 373-6345

Orem Justice Court
Judge Reed Parkin
97 E Center St, Orem, UT 84057
Phone: (801) 724-3900
Total 2022 Filings: 10,842

Spanish Fork 4th Judicial District Court (Handles All Orem Based Class A Misdemeanors and Felony Filings)
775 W Center St
Spanish Fork, UT 84660
Phone: (801) 804-4800

Who Prosecutes Criminal Mischief Cases Out of Orem City, UT?
All felony criminal mischief charges are prosecuted by the Utah County Attorney’s Office. All Class Misdemeanors and below are prosecuted by the Orem City Attorney’s Office.

FULL READING OF THE 2024 CRIMINAL MISCHIEF STATUTE:
Effective 5/3/2023
76-6-106. Criminal mischief.
(1)
(a) As used in this section, “critical infrastructure” includes:
(i) financial and banking systems;
(ii) any railroads, airlines, airports, airways, highways, bridges, waterways, fixed guideways, or other transportation systems intended for the transportation of persons or property;
(iii) health care facilities as listed in Section 26B-2-201, and emergency fire, medical, and law enforcement response systems;
(iv) public health facilities and systems;
(v) food distribution systems; and
(vi) other government operations and services.
(b) Terms defined in Sections 76-1-101.5 and 76-6-101 apply to this section.
(2) An actor commits criminal mischief if the actor:
(a) intentionally and unlawfully tampers with the property of another and as a result:
(i) recklessly endangers:
(A) human life; or
(B) human health or safety; or
(ii) recklessly causes or threatens a substantial interruption or impairment of any critical infrastructure; or
(b) recklessly or willfully shoots or propels a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing.
(3)
(a) A violation of Subsection (2)(a)(i)(A) is a class A misdemeanor.
(b) A violation of Subsection (2)(a)(i)(B) is a class B misdemeanor.
(c) A violation of Subsection (2)(a)(ii) is a second degree felony.
(d) Any other violation of this section is a:
(i) second degree felony if the actor’s conduct causes or is intended to cause pecuniary loss equal to or in excess of $5,000 in value;
(ii) third degree felony if the actor’s conduct causes or is intended to cause pecuniary loss equal to or in excess of $1,500 but is less than $5,000 in value;
(iii) class A misdemeanor if the actor’s conduct causes or is intended to cause pecuniary loss equal to or in excess of $500 but is less than $1,500 in value; and
(iv) class B misdemeanor if the actor’s conduct causes or is intended to cause pecuniary loss less than $500 in value.
(4) In determining the value of damages under this section, or for computer crimes under Section 76-6-703, the value of any item, computer, computer network, computer property, computer services, software, or data includes the measurable value of the loss of use of the items and the measurable cost to replace or restore the items.
(5) In addition to any other penalty authorized by law, a court shall order an actor convicted of any violation of this section to reimburse any federal, state, or local unit of government, or any private business, organization, individual, or entity for all expenses incurred in responding to a violation of Subsection (2)(a)(ii), unless the court states on the record the reasons why the reimbursement would be inappropriate.

Amended by Chapter 111, 2023 General Session
Amended by Chapter 179, 2023 General Session
Amended by Chapter 330, 2023 General Session

Is the lawyer you are about to call have 20 plus jury trials? Experience matters in criminal defense. Contact Jake today!

provocriminaldefense.com
call or text

(801) 373-6345

Contact Jake