In New Jersey, graffiti is not considered separately but is lumped in with all forms of vandalism, falling under the criminal mischief statute. This statute makes it a crime 1) to purposefully damage someone else’s tangible property by employing fire or explosives or any other dangerous means, and 2) to purposefully or recklessly tamper with someone else’s property in a way that endangers person or property.
Because of this statute, you can be cited for criminal mischief, not just for spraying a wall with paint. Instead, it includes defacing property of any sort—a wall, a car, a building, a bridge—even if you consider it to be artistic.
Making a mark of any kind on someone else’s property (publicly or privately owned, it makes no difference) without the owner’s expressed permission will be considered graffiti. This can include carving your name into a wooden desk or bench.
If caught defacing property, several different levels of charges could be brought against you, depending on the monetary value of the damage you do. If the damage is $500 or less, you could be convicted of a disorderly persons offense. If the damage is $500 to $2,000, you could end up convicted of a fourth-degree crime. Even more damage means a third-degree crime.
You may also be required to repay the owner for the damage you did and be required to restore the property, so it looks as it did before you defaced it.
In New Jersey, fortunately, a minor charged with graffiti offenses does not get caught up in adult criminal court or get put in adult prison. They do go to juvenile court, however, and if convicted of the charges, may even be placed in a detention center for juveniles. They will likewise end up with a juvenile record. Although this may not have the same effect on landing a job or going to college as having an adult court record does, since juvenile records are not open to the public, having a previous offense as a juvenile can lead to more substantial penalties if the minor is charged with a criminal offense again. If you are a minor, your driving license may also be revoked for a period of time.
If you have been charged with graffiti in the state of New Jersey, contact The Montanari Law Group as soon as possible. Our criminal defense attorneys are experienced at helping other people in the same situation. We are skilled at presenting your case to the court in the best possible light and our lawyers are alert to any encroachment on your rights under state law and the United States Constitution. We will work hard to explore alternatives that will keep you out of juvenile detention or jail, as well as fighting to reduce the fines, penalties, and charges against you.
If you are facing vandalism or graffiti charges in Wayne, Clifton, Paterson, Newark, Belleville, Nutley, or another community in Passaic or Essex County, our help is just a phone call away at (973) 233-4396. You can also fill out our contact form, and we will reach out to you shortly to provide a free legal consultation.
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