What Is a Criminal Mischief Charge in Massachusetts and New Hampshire?

Criminal mischief refers to the unlawful destruction, damage, or defacement of another person’s property. Although the term “criminal mischief” is more commonly used in New Hampshire law than in Massachusetts, both states prosecute similar conduct under their respective statutes.

Acts like breaking windows, damaging vehicles, or spray-painting property can all lead to criminal charges. The seriousness of the offense depends on factors such as the amount of damage, intent, and whether the property belongs to a private person or the public.

Criminal Mischief in Massachusetts

In Massachusetts, what is often referred to as criminal mischief is prosecuted under Massachusetts General Laws Chapter 266 as Malicious Destruction of Property (MDOP) or Wanton Destruction of Property.

Malicious destruction of property occurs when someone intentionally damages another’s property out of anger, revenge, or another unlawful motive.
Wanton destruction of property involves reckless or careless actions that result in damage, even if there was no intent to harm.

Penalties in Massachusetts

• Damage exceeding $1,200: Felony offense, punishable by up to 10 years in state prison or up to 2½ years in a house of correction, along with fines and restitution.
• Damage under $1,200: Misdemeanor offense, punishable by up to 2½ years in a house of correction and potential fines.

The court will often require the defendant to pay restitution to the property owner for the cost of repairs or replacement.

Criminal Mischief in New Hampshire

New Hampshire law specifically defines Criminal Mischief under RSA 634:2. A person can be charged if they purposely or recklessly damage another’s property, tamper with property in a way that endangers people or property, or damage public utilities or essential services.

Penalties in New Hampshire

• Class A Felony: If property damage exceeds $1,500, or if the act endangers public safety or affects utilities.
• Class B Felony: For damage between $1,000 and $1,500.
• Misdemeanor: For damage under $1,000, punishable by up to one year in jail and fines.

As in Massachusetts, defendants may be ordered to pay restitution to property owners for any losses or repairs.

Examples of Criminal Mischief in Both States

Common examples include:

• Breaking windows, mirrors, or fixtures
• Damaging or vandalizing vehicles
• Spray-painting public or private property (graffiti)
• Destroying mailboxes, fences, or outdoor fixtures
• Tampering with utilities or public infrastructure

Even seemingly minor acts of vandalism can result in criminal charges if they cause measurable damage or risk public safety.

Defenses to Criminal Mischief Charges

Defenses are similar in both states and may include:

• Lack of intent: The damage was accidental.
• Mistaken identity: The defendant was not responsible for the damage.
• Consent: The property owner gave permission for the action.
• Insufficient evidence: The prosecution cannot prove who caused the damage or how it occurred.

An experienced criminal defense attorney will evaluate the facts of your case, challenge the state’s evidence, and work to reduce or dismiss the charges whenever possible.

Why Legal Representation Is Important

A criminal mischief or property destruction conviction can have lasting effects on your criminal record, employment, and reputation. In serious cases, it can also result in jail time, fines, and restitution obligations.

If you are facing a criminal mischief charge in Massachusetts or New Hampshire, it is critical to speak with an experienced criminal defense attorney who understands the laws in both states. A qualified lawyer can guide you through the legal process, protect your rights, and help you achieve the best possible outcome for your case.