Utah Criminal Mischief Lawyer

In Utah, being charged with criminal mischief or criminal trespass can mean paying heavy fines, possible jail time, and destruction of your record. Let Weber Law help you today!

WHAT IS CRIMINAL MISCHIEF?

A person can be charged with criminal mischief if they:

A) Damage or destroy property with the intention of defrauding an insurer (not amounting to arson);

B) Intentionally and unlawfully tampers with the property of another and as a result:

a. Recklessly endangers human life, health, or safety.

C) Recklessly causes or threatens a substantial interruption or impairment of any critical infrastructure;

D) Intentionally damages, defaces, or destroy the property of another; or

E) 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.

Examples of criminal mischief include but are not limited to:

• Tagging (spray painting public or private property);
• Defacing public or private property;
• Putting sugar in a gas tank;
• Throwing rocks or objects at cars;
• Throwing rocks or objects at a train;
• Putting something on train tracks that could cause a crash; or
• Putting something in the middle of the interstate that could cause a crash.

WHAT IS CRIMINAL TRESPASS?

A person is guilty of criminal trespass if they enter and remain unlawfully in an unmanned aircraft, or on private property. Criminal trespassing can include climbing fencing intended to keep people out, or even ignoring no trespass signs. While on said property, the person intends to cause annoyance, or injury to any person or damage to any property, including graffiti, or cause fear for the safety of another.

WHAT IS THE PENALTY?

The penalties for criminal mischief can include not only jail time but a hefty fine. The penalties for criminal mischief depend on the seriousness of the crime and are outlined below:

If you are found guilty damaging or destroying property with intention of defrauding an insurer, it is classified as a third degree felony. If you are charged with recklessly endangering human life, health, or safety by tampering with the property of another, it is classified as a class A or B misdemeanor.

Recklessly causing or threatening a substantial interruption or impairment of any critical infrastructure is a second degree felony. Any other type of criminal mischief is charged depending on the value of the property that was damaged and can be classified as follows:

• If the property damaged was less than $500 in value, it is classified as a class B misdemeanor.
• If the property damaged was between $500 and $1,500 in value, it is classified as a class A misdemeanor.
• If the property damaged was between $1,500 and $5,000 in value, it is considered a third degree felony.
• If the property damaged was $5,000 or more, it is classified as a second degree felony.

Criminal Trespassing in the state of Utah can be charged as a class B misdemeanor or class A misdemeanor.

It is considered a class B misdemeanor if the act takes place not in a building or dwelling. Criminal trespass is considered a class A misdemeanor when the act takes place in a building or dwelling.

A third degree felony is punishable by up to five years imprisonment and a fine of up to $5,000.00.

A second degree felony is punishable by one to fifteen years imprisonment, and up to a $10,000 fine.

A class A misdemeanor is punishable by up to one year imprisonment and a fine of up to $1,000.00.

A class B misdemeanor is punishable by up to six months in jail and a fine of up to $1,000.00.

WHAT SHOULD I DO IF I HAVE BEEN ACCUSED OF CRIMINAL MISCHIEF OR CRIMINAL TRESPASS?

If you have been accused of criminal mischief, whether a felony or misdemeanor, let Weber Law help you today. It can be a stressful situation to have criminal charges pending and Weber Law will work for you. Let Weber Law work to have your citation dismissed or dropped to a lower offense. If that is not possible, we will negotiate the best deal for you, which could include a shorter jail time, no jail time, or a lesser fine.

There are potential defenses against a charge of criminal mischief, and Weber Law will look at every aspect of your case, including surveillance footage, eye witness testimonies, and even your prior criminal record. Let Weber Law build the best defense for you! A charge of criminal mischief or criminal trespass on your record could potentially hurt future job offers, and ruin your record. Weber Law is experienced in defending these charges and getting you back to a life free of criminal charges. It is never a good idea to face these charges without an attorney, the court room can be intimidating, and you need someone with experience. Any blemish on your record can have detrimental effects on the rest of your life. Let Weber Law’s experienced attorneys fight for you in court. If you or someone you know has been accused of criminal mischief or criminal trespass, contact Weber Law today for a consultation.

• Utah Code § 76-5-109, Criminal mischief
• Utah Code § 76-6-206, Criminal trespass
• Utah Code § 76-3-204, misdemeanor conviction – term of imprisonment
• Utah Code § 76-3-203, Felony conviction—indeterminate term of imprisonment
• Utah Code § 76-3-301, fines of individuals