Reviewed by the Marketing Team, New Jersey Criminal Defense Attorneys PCContent date: . General information; laws and procedures can change. See the sources below.
Short answer
Under N.J.S.A. 2C:17-3, criminal mischief is purposely or knowingly damaging someone else's property, damaging it recklessly or negligently with fire, explosives or similar dangerous means, or tampering with it in a way that endangers people or property. The loss sets the grade: $500 or less is a disorderly persons offense, more than $500 but less than $2,000 is fourth degree, and $2,000 or more caused purposely or knowingly is third degree.
On this page (7)
What counts as criminal mischief?
- Purposely or knowingly damaging tangible property that belongs to someone else
- Damaging another person's property recklessly or negligently by using fire, explosives or other dangerous means listed in N.J.S.A. 2C:17-2
- Purposely, knowingly or recklessly tampering with another person's property so as to endanger people or property
- A tenant damaging or destroying a rental unit in retaliation for an eviction case
How is criminal mischief graded?
| Loss caused | Grade | Court | Ordinary jail or prison range |
|---|---|---|---|
| $500 or less | Disorderly persons offense | Municipal | Up to 6 months |
| More than $500 but less than $2,000 | Fourth-degree crime | Superior | Up to 18 months |
| $2,000 or more, caused purposely or knowingly | Third-degree crime | Superior | 3 to 5 years |
Ranges come from N.J.S.A. 2C:43-6 (crimes) and 2C:43-8 (disorderly persons offenses). Maximum fines under 2C:43-3 are $1,000 for a disorderly persons offense, $10,000 for fourth degree and $15,000 for third degree.
Special categories with their own grade
- Third degree: damaging or disrupting a research facility; tampering with a grave or other site where human remains are kept, to desecrate, destroy or steal them; purposely or knowingly causing a substantial interruption of public communication, transportation, water, oil, gas, power or another public service (second degree if it recklessly causes death)
- Fourth degree: tampering with gas, oil or water pipes and mains, or with electric, telephone, cable or telecommunications wires and equipment
- Fourth degree: damaging air traffic safety equipment or tampering with an airport or other aviation facility (third degree if it recklessly causes injury or property damage, second degree if it recklessly causes death)
Graffiti and rental damage
For criminal mischief involving graffiti, the court can order restitution to the owner for the damage and community service that can include removing the graffiti. If community service is ordered, it is at least 20 days or as many days as it takes to remove the graffiti. For a tenant who damages a rental in retaliation for an eviction case, the court can order restitution to the owner.
Is criminal mischief domestic violence?
Criminal mischief is one of the listed acts of domestic violence in N.J.S.A. 2C:25-19. Breaking a phone, a door or a car during an argument with a partner or household member can lead to both a criminal complaint and a restraining order case in the Family Part.
Common defense issues
- Ownership: whether the property belonged to "another" (for example, jointly owned property)
- State of mind: whether the damage was purposeful or knowing, rather than an accident
- Value: how the loss was measured, since the dollar amount decides the grade and the court
- Whether the third-degree threshold of $2,000 requires purposeful or knowing conduct, which the statute says it does
- Restitution, and diversion options such as conditional dismissal in municipal court or PTI for indictable charges
Related guides
- Degrees of crimes
New Jersey's first- through fourth-degree crimes compared: prison ranges, maximum fines, presumptions of incarceration and non-incarceration, NERA, and the Graves Act.
- Pretrial Intervention (PTI)
How New Jersey's Pretrial Intervention program works under N.J.S.A. 2C:43-12 and Rule 3:28: who is eligible, the $75 fee, supervision of 6 months to 3 years, plea requirements, and appeals.
- Detention hearings
How New Jersey detention hearings work under Criminal Justice Reform: when they happen, the Public Safety Assessment, the clear and convincing standard, and the 90/180-day deadlines.
- Grand jury and indictment
How New Jersey grand juries work: who presents, what the jurors decide, waiving indictment, and what happens after an indictment is returned.
- Shoplifting (2C:20-11)
What counts as shoplifting under N.J.S.A. 2C:20-11, how value sets the grade, the concealment presumption, store detention, and mandatory community service.
- Unlawful gun possession and the Graves Act
How N.J.S.A. 2C:39-5 grades unlawful possession of handguns, rifles and other weapons, the Graves Act mandatory minimum under 2C:43-6(c), and the 2C:43-6.2 waiver.
- Eluding police (2C:29-2(b))
Eluding under N.J.S.A. 2C:29-2(b): when it is third or second degree, the traffic-violation inference, the 6-month to 2-year license suspension, and resisting arrest.
- Theft of services (2C:20-8)
Theft of services under N.J.S.A. 2C:20-8: dine and dash, unpaid rides and hotels, utility meter tampering, cable and telecom theft, how value sets the grade, and the $500 minimum fine.
- Burglary
How New Jersey grades burglary under N.J.S.A. 2C:18-2, the 2024 residential burglary and home invasion burglary crimes, prison ranges, and when the No Early Release Act applies.
- Robbery
What makes a theft a robbery under N.J.S.A. 2C:15-1, when robbery is first instead of second degree, prison ranges, and how the No Early Release Act applies.
- After a domestic violence arrest
What happens after a domestic violence arrest in New Jersey: mandatory arrest rules, release decisions and no-contact conditions, detention hearings, weapons seizure, and the separate TRO.
Frequently asked questions
Is criminal mischief a felony in New Jersey?
New Jersey uses degrees instead of the word felony. Damage of $500 or less is a disorderly persons offense in municipal court. More than $500 is a fourth-degree crime, and $2,000 or more caused purposely or knowingly is a third-degree crime.
Is graffiti criminal mischief in New Jersey?
Yes. Drawing, painting or marking property without the owner's permission is criminal mischief, and the court can also order restitution and at least 20 days of community service, which can include removing the graffiti.
Can I be charged for breaking my partner's phone?
Yes, if the phone belongs to someone else. Criminal mischief is also a listed act of domestic violence under N.J.S.A. 2C:25-19, so it can support a restraining order case as well.
Can a criminal mischief charge be resolved without a conviction?
Depending on the facts and your record, options can include conditional dismissal in municipal court or Pretrial Intervention (PTI) for indictable charges. Restitution is often part of any resolution.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.
