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Malicious Mischief 3 Lawyer

Vancouver Domestic Violence Attorney

Few people realize that breaking a cell phone or damaging a door or wall in your own home can be a domestic violence crime. By the time people figure out that it is a crime, they are most likely arrested, charged with a domestic violence crime and have a no-contact order issued against them.  Malicious Mischief 3 DV is a common domestic violence charge and requires the prosecution to prove that you knowingly and maliciously cause damage to the property of another person.

Some Elements of Malicious Mischief

  • Knowingly: means that what you did was not an accident and that you were aware of your actions at the time.  It is not necessary that you are aware that it was illegal.
  • Maliciously: means an act with evil intent, wish, or design to vex, annoy, or injure another person. RCW 9A.04.110(12)
  • Property of another person: means property that may even be partially owned by another person.  Issues of ownership of property are difficult and require a careful look at all the facts in a particular case.  For instance, if you purchased a cell phone for your boyfriend/girlfriend and you pay all the bills, but it is their phone to use, they partially own that phone.

As with all charges, it is the prosecutor’s burden to prove all elements beyond a reasonable doubt. Each case is different and each case requires careful analysis by an experienced domestic violence attorney.  Call our office today to schedule an appointment for a free and confidential case evaluation.

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Kris Carrasco Attorney at Law
2300 Main Street
Vancouver, WA 98660 Phone: (360) 975-4673
Fax: (360) 906-0211
Email:kris@thepdxlawyer.com
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