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Washington State

Malicious Mischief

In instances involving a domestic relationship where a property is damaged, one could be charged with Malicious Mischief. Broken down into three classifications, malicious mischief as defined in the “domestic violence” arena, is knowingly and maliciously causing physical damage to the property of another.

The three classifications are separated by the dollar value of the physical damage done to the property.
Malicious Mischief in the First Degree
Malicious Mischief in the First Degree (RCW 9A.48.070) involves damage to property in an amount in excess of $5,000. It is a Class B felony and is punishable by a maximum of 10 years in prison and a $20,000 fine.
Malicious Mischief in the Second Degree
Malicious Mischief in the Second Degree (RCW 9A.48.080) requires damage to property in excess of $750 but not greater than $5000. As a Class C felony, it is punishable by up to five years in prison and a $10,000 fine.
Malicious Mischief in the Third Degree
Malicious Mischief in the Third Degree (RCW 9A.48.090) deals with property damage of $750 or less and is a gross misdemeanor. If convicted the penalty could be up to 365 days in jail and a $5000 fine.

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