What is a Lynnwood Malicious Mischief Domestic Violence Charge?
If you are charged with a Lynnwood Malicious Mischief Domestic Violence charge, you are being accused of purposefully damaging the property of a family or household member. As a Lynnwood Domestic Violence Attorney, I defend my clients on these types of charges every day. The most common Washington Malicious Mischief DV charge is the gross misdemeanor offense, Malicious Mischief 3rd Degree DV.
RCW 9A.48.090 states that a person is guilty of Washington Malicious Mischief in the Third Degree when he or she:
- Knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; (less than $1500 damage) or
- Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree. (tagging / graffiti)
For the charge to be a domestic violence charge, the property of "another" must belong to a "family or household member" which basically means the property must belong to someone you have dated, are married to, are related to, or have lived with - even as roommates.
There are possible defenses to a Lynnwood Mal Mis 3 charge that include the property belongs to you alone, or that the property was damaged by accident. You can check out common defenses to Washington domestic violence charges
here.