The actions resulting in a malicious mischief charge did not occur during a riot.

There was no intent on behalf of the offender to commit a felony crime.

The judge must receive evidence that the agreed-upon compensation has been paid.

The judge must obtain proof of the agreement from both parties.

The victim will need to agree to receive compensation for the damaged property, and this agreement must be documented.

There are a few elements that need to be proven in order to have a fair chance at compromising a misdemeanor. Can Compromise of a Misdemeanor Actually Work? Such order is a bar to another prosecution for the same offense.”Įach situation, of course, will be addressed on a case-by-case basis and, as stated above, will be at the discretion of the courts. The reasons for making the order must be set forth therein and entered in the minutes.

RCW 10.22.020 goes on to say that “if the party injured appears in the court in which the cause is pending at any time before the final judgment therein, and acknowledge, in writing, that he or she has received satisfaction for the injury, the court may, in its discretion, on payment of the costs incurred, order all proceedings to be discontinued and the defendant to be discharged. Washington state has a unique part of its legislature in that if a crime such as malicious mischief is mitigated by positive actions and payment of restitution to the victim, the charges may be lessened or dropped.Īccording to Washington State Legislature, when a defendant is prosecuted in a criminal action for a misdemeanor, for which the person injured by the act constituting the offense has a remedy by a civil action, the crime may be compromised.

If a former loved one chooses to destroy property rather than harm an individual to avoid criminal charges, they may still be susceptible to penalties and fines through malicious mischief. It is common in domestic violence cases due to the number of issues that arise with prior loved ones and previously shared property. What is the Definition of Malicious Mischief?Ĭommonly associated with domestic violence cases, malicious mischief is defined as what occurs when a person knowingly and maliciously causes physical damage to the property of another person or business.

Malicious mischief 1st degree