Malicious Mischief charges are taken very seriously in Washington State, especially if assigned a Domestic Violence designation. A person is guilty of malicious mischief if he/she knowingly and maliciously causes damage to the property of another. Malicious Mischief can be charged as either a Gross Misdemeanor or a C or B Felony. This will depend on the amount of damage that has occurred. See below for more specifics:
Damage Exceeding $5000: Class B Felony (RCW 9A.48.070)
Damage Exceeding $750: Class C Felony (RCW 9A.48.080)
Damage Less than $750: Gross Misdemeanor (RCW 9A.48.090)
What is “Physical Damage?”
RCW 9A.48.100(1) “Physical damage”, in addition to its ordinary meaning, shall include the total or partial alteration, damage, obliteration, or erasure of records, information, data, computer programs, or their computer representations, which are recorded for use in computers or the impairment, interruption, or interference with the use of such records, information, data, or computer programs, or the impairment, interruption, or interference with the use of any computer or services provided by computers. “Physical damage” also includes any diminution in the value of any property as the consequence of an act;
(2) If more than one item of property is physically damaged as a result of a common scheme or plan by a person and the physical damage to the property would, when considered separately, constitute mischief in the third degree because of value, then the value of the damages may be aggregated in one count. If the sum of the value of all the physical damages exceeds two hundred fifty dollars, the defendant may be charged with and convicted of malicious mischief in the second degree.
