Gangs fight turf wars. Police play politics. Authorities in New Brunswick, NJ, arrested an Edison cop and charged him with criminal mischief. The 15-year veteran of the force, who earns over $130,000.00 annually, allegedly slashed a woman’s tire, per nj dot com. The New Brunswick authorities released scant information because it was a domestic incident. Additionally, the attorney for Edison declined to comment because it is a personnel matter. Nevertheless, he told the media the Edison Police Department had relieved the officer of his badge and service weapon pending further investigation. Not to shy away from character evidence, the media revealed prior lawsuits and domestic disputes involving this officer. Who distrusts the news now?
Criminal Mischief, N.J.S.A. 2c:17-3a
In a prosecution for criminal mischief, New Jersey law requires the State to prove a person is guilty beyond a reasonable doubt with credible evidence of a defendant who:
- Purposely or knowingly damages tangible property of another or damages tangible property of another recklessly or negligently in the employment of fire, explosives or other dangerous means listed in subsection a. of N.J.S.2C:17-2; or
- Purposely, knowingly or recklessly tampers with tangible property of another so as to endanger person or property, including the damaging or destroying of a rental premises by a tenant in retaliation for institution of eviction proceedings.
Criminal Mischief, N.J.S.A. 2c:17-3a(1)
In some criminal mischief prosecutions pursuant to N.J.S.A. 2c:17-3a(1), the the State must first prove beyond a reasonable doubt that the defendant damaged tangible property. To damage means to cause a loss, injury or deterioration that reduces the value or usefulness of something. Tangible property means real or personal property that is visible and corporeal, i.e., something that can be seen and touched.
Additionally, the State must prove beyond a reasonable doubt that the damaged property belonged to another person. Property of another person means that defendant does not own the property damaged. This includes property partly owned by defendant in which any other person has an interest, which the defendant is not privileged to infringe.
Furthermore, the State must prove beyond a reasonable doubt that defendant acted purposely or knowingly when he damaged the property.
In other criminal mischief prosecutions pursuant to N.J.S.A. 2c:17-3a(1), the State must prove beyond a reasonable doubt that the defendant’s use of fire, explosives or other dangerous means caused the damage to the property. In these prosecutions, the State must only prove the defendant acted recklessly or negligently.
Criminal Mischief, N.J.S.A. 2c:17-3a(2)
In criminal mischief prosecutions pursuant to N.J.S.A. 2c:17-3a(2), the State must prove beyond a reasonable doubt that the defendant tampered with tangible property. To tamper with means to interfere with another person’s property with the purpose of causing harm or the risk of harm, regardless of actual damage to the property. Tangible property means real or personal property that is visible and corporeal, i.e., something that can be seen and touched.
Additionally, the State must prove beyond a reasonable doubt that the property tampered with was the property of another person. Property of another person means that defendant does not own the property tampered with.
Furthermore, the State must prove beyond a reasonable doubt that defendant acted purposely, knowingly or recklessly when he tampered with the property. This includes property partly owned by the defendant in which any other person has an interest, which the defendant is not privileged to infringe.
Finally, the State must prove beyond a reasonable doubt that the defendant’s conduct endangered the person or property of another. To endanger means to expose to harm or peril.
South Jersey Criminal Defense Attorney Michael Smolensky, Esquire, knows how to protect his clients. Indeed, a charge of Criminal Mischief calls for an aggressive defense, and Mr. Smolensky can provide consultations for all such cases. Call Now—(856) 812-0321.