Wildwood declares a state of emergency due to “civil unrest” – How serious is criminal mischief at the shore? What do parents need to know about local shore town restrictions.
Wildwood Police recently declared a state of emergency during the Memorial Holiday Weekend. Law enforcement cited “civil unrest” as the reason for the declaration which was later lifted. There was no specific reason for the order but civil unrest generally involves a high level of criminal mischief within the area.
Our law firm represents individuals charged with crimes in New Jersey. A very common crime that our law firm has to deal with is criminal mischief. This is an extremely broad criminal charge and involves the defacing, destroying, or damaging of real or personal property of another. Our law firm has represented juvenile and adult clients for these charges in Pennsylvania and New Jersey
What is a criminal mischief in New Jersey?
Criminal mischief under New Jersey’s Crimes Code is very similar to Pennsylvania undersection Section 2C:17-3. The crime is a 3rd degree offense if the person charged and convicted causes a loss of $2,000 or more. It is a crime of the 4th degree if the loss is between $500 and $2,000 and in all other cases criminal mischief in the Garden State is a disorderly person’s offense if the loss is $500 or less. Again, it is very important to understand that your criminal defense lawyer in New Jersey must evaluate all possible and non-trial options in these cases.
Criminal mischief in New Jersey, like Pennsylvania, is a crime of the 3rd degree if the acter causes or interrupts a public communication, transportation or utility. Unlike Pennsylvania, New Jersey does not classify crimes as felony and misdemeanor offenses, but rather crimes and offenses. Offenses are handled in New Jersey’s Municipal Court while crimes are handled in New Jersey’s Superior Court (crimes of the 1st, 2nd, 3rd, and 4th degrees).
What should you do if you’re arrested for criminal mischief?
If you’re charged with criminal mischief in Pennsylvania or New Jersey, you should not plead guilty to the charge because in most situations your attorney can negotiate a non-trial disposition for a much favorable result if you have no prior criminal history. Even if you have prior criminal history, if it is unrelated to the current charge your attorney, in many cases, can negotiate a non-trial disposition (plea) which is usually substantially less than what the prosecution initially charged.
What is a criminal mischief charge in Pennsylvania?
This crime in Pennsylvania under Section 3304 (Title 18) can be graded as a felony of the 3rd degree if the loss is in excess of $5,000 or causes an interruption or impairment of some public communication, transportation or other public utility.
It is a misdemeanor of the 2nd degree if the loss is in excess of $1,000 and a misdemeanor of the 3rd degree if the loss is in excess of $500, but less than $1,000. If the damage is less than $150, criminal mischief is a summary offense in Pennsylvania. Given the wide range of criminality sentences can range from a fine to State prison.
It is very important that your criminal defense lawyer evaluate all possible trial and non-trial options in this case. In the case of a criminal mischief, it is very important that the Commonwealth (prosecution) present evidence with regards to damages as it will affect the grading of the offense or crime in the Commonwealth. There is a substantial difference between a felony and a misdemeanor crime.
Criminal mischief includes the following crimes and offenses in Pennsylvania and New Jersey:
- Graffiti
- Defacing building or homes
- Tearing up laws with vehicles
- Breaking doors
- Destroying door locks
- Breaking windows
- Slashing tires
- Intentionally damaging vehicles
Wildwood and Ocean City police can detain minors for ‘breach of peace’
There is already a curfew for kids under 17 years old in Ocean City which prohibits them from public areas without an adult between the hours of 1 a.m. to 6 a.m. from May 16 to Sept. 30 — in the offseason, it’s 10:30 p.m. to 6 a.m. (students and workers are exempt).
Similar to Wildwood, the Ocean City ordinance, however, allows police to detain underage people for “breach of the peace” offenses, for a variety of violations like breaking curfew, making excessive noise, or activity that police deem loud, indecent or offensive.
This means police can now detain and bring underage people to the police station to call their parent or guardian. These teen violators, however, won’t be arrested or charged for these violations.
Again, while each of these ordinances are not criminal offenses, they still subject the violators to fines and potential jail. A civil ordinance violation, however, would not affect a person’s criminal record.
Our law firm wishes you and your family a happy and healthy summer 2024. If you have questions about your constitutional rights in Pennsylvania or New Jersey, call our law firm today!
Backpacks in Sea Isle City
Sea Isle City has passed an ordinance focused on the size of bags and backpacks larger than 8 by 6 by 8 inches deep from the Promenade boardwalk, beaches, and beachside streets between 10 p.m. and 1 a.m. from May 15 to Sept. 15. Excluded items are medical devices, equipment for journalists, people engaged in fishing, or Sea Isle City police officers.
This city ordinance was passed in response to teens gathering late at night to allegedly drink and vandalize property. Violators will have to pay a fine (adults $25 to $100.) Minors will be given two warnings and after the second warning, police will take minors to the police station to call their parents.
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