What constitutes criminal mischief?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What constitutes criminal mischief?
A friend is in custody for domestic violence and has charges for breaking her phone during an argument. WhIle he is in custody, she broke into his tool shed and destroyed items and gave some away. The police are saying it’s marital property and she can do whatever she wants. How come he gets charges for destroying property but she gets a free pass? Not understanding.
Asked on May 19, 2017 under Criminal Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Under New Jersey statutory criminal law, N.J.S.A. 2C:17-3a, criminal mischief is "(1) Purposely or knowingly damag[ing] tangible property of another...." Based on what you write, it appears that what they both did is criminal mischief, and there does not appear to be a legal basis for treating them differently: this may simply be police sexism, treating what a man does as "criminal" but waht a woman does as just a domestic dispute.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.