Charged With Malicious Mischief?

If you are the parent of a teenager who’s been accused of malicious mischief—defacing property or graffiti—you need to understand that it’s not just your child who will be facing consequences for their actions. Under Nevada law, Parents and guardians are responsible for any fines and penalties related to the actions of their minor children when they are engaged in malicious mischief.

What Constitutes Graffiti?

 Graffiti is more than spray paint on a fence or wall—although that is troubling enough for property owners. It can include any scratches, etchings, drawings, or paintings that an unauthorized person places on private or public property.  Many people may not realize that “property” includes livestock.

Other Types of Damage 

Charges can also be leveled against someone who is involved in the destruction of property that occurs as a result of an unlawful assembly or of malicious intent. Other than destruction by fire, which is an entirely different charge, the following crimes are equivalent to graffiti in seriousness:

• Willfully cutting down or otherwise destroying crops, grass, or timber;
• Cutting down or destroying shade trees, fruit trees, or ornamental trees;
• Purposely destroying shrubs, vines, produce, or other growing things.

Unique Charges Related to Specific Types of Property 

Vandalism—graffiti or property destruction—is uniquely called out in Nevada law when it involves certain properties, among them:

• Synagogues or churches;
• Mortuaries, cemeteries, or structures related to burials or memorials for the dead;
• Schools and educational facilities;
• Transportation vehicles and facilities;
• Community centers.

 Penalties 

The offense of malicious mischief has a number of consequences:

• Restitution costs;
• A fine of $400 – $1,000 for a first offense;
• 100 hours of community service for a first offense;
• A fine of $750 – $2,000 for a second offense;
• 200 hours of community service for a second offense;
• $1,000 fine for a third offense;
• 200 hours of community service for a third offense.

Charges 

When the damage is valued at under $250, misdemeanor charges are called for. If the amount of damage is between $250 and $5,000, it is a gross misdemeanor. But the charge becomes a category E felony when the damage exceeds $5,000 or if the damage impairs public transportation, public communications, police operations or fire protection.

Category E Felonies

 The penalties for a category E felony are substantially more serious than those for misdemeanors:

• Restitution;
• 1-4 years behind bars in a state prison;
• Fines of up to $5,000.

Looking Out for Your Rights 

If you or a family member is facing charges of malicious mischief, the dedicated Las Vegas criminal defense attorneys at Lobo Law are here to ensure that your rights are protected. To discuss, schedule a confidential consultation in our Las Vegas office right away.

Source:

leg.state.nv.us/nrs/NRS-206.html