Toilet papering a house. Scratching a car. Tossing an egg during a heated argument. These might sound like minor pranks or harmless outbursts, but in Indiana, they can land you with criminal charges and real consequences.
At the Marc Lopez Law Firm, we see criminal mischief cases on a regular basis. People are often shocked that what they thought was a joke is being treated as a criminal act. Here’s what you need to know if you or someone you care about is facing a criminal mischief charge in Indiana.
What Is Criminal Mischief in Indiana?
Under Indiana law, criminal mischief means damaging or defacing someone else’s property without their consent. Specifically, “a person who recklessly, knowingly, or intentionally damages or defaces property of another person without the other person’s consent commits criminal mischief.” Ind. Code § 35-43-1-2(a). That includes everything from eggs on a windshield to busted windows during an argument.
Common Examples Include:
- Throwing eggs at a house or car
- TP-ing (toilet papering) a property
- Keying or scratching a vehicle
- Breaking windows
- Slashing tires
- Spray-painting walls or fences
If you damage someone else’s property, even “accidentally,” you could be charged with criminal mischief. Intent, recklessness, or even just acting without consent is enough.
Misdemeanor vs. Felony Criminal Mischief
Criminal mischief is a crime that can escalate quickly depending on the level of damage. The Indiana Code sets out the possible penalties in clear terms in section 35-43-1-2:
Class B Misdemeanor
- Baseline charge under § 35-43-1-2(a)
- Applies when: Damage is less than $750
- Penalty: Up to 180 days in jail and a $1,000 fine
Class A Misdemeanor
- Step-up under § 35-43-1-2(a)(1)
- Applies when: Damage is at least $750 but less than $50,000
- Penalty: Up to 365 days in jail and a $5,000 fine
Level 6 Felony
- Felony trigger under § 35-43-1-2(a)(2)
- Applies when:
- Damage exceeds $50,000
- Public utilities are disrupted
- Law enforcement animals or public records are affected
- Penalty: Up to 2.5 years in prison and a $10,000 fine
Whether you’re looking at a minor misdemeanor or a felony that could change your life, it all falls under the same statute. Ultimately, the difference often comes down to the dollar value of the damage or who the target was.
Restitution, Classes, and Community Service
Even if you avoid jail, a criminal mischief conviction can still cost you. Courts can require:
- Restitution (paying for the damages)
- Community service
- Anger management or similar classes
And restitution isn’t always straightforward. If someone claims you caused $5,000 in damages, is that backed up by an estimate? A receipt? Or are they just taking the opportunity to get a new paint job out of the deal? Without an attorney, you may not know what’s reasonable and what’s not.
Potential Defenses to Criminal Mischief
Not every charge of criminal mischief ends in a conviction. There are legitimate defenses under Indiana law that could apply to your situation.
1. Good Faith Repair
If you were honestly trying to fix or improve something, especially on foreclosed or jointly owned property, and caused damage in the process, that may be a defense.
2. Belief That You Owned the Property
If you reasonably believed the property was yours, there’s no crime. Criminal mischief requires that the property belong to someone else. You can damage your own stuff, though you might get charged with something else (like disorderly conduct).
“Do I Really Need a Lawyer for This?”
Yes. Even if it’s “just a misdemeanor,” the consequences can follow you for years. A criminal record can affect your job, your housing, and your reputation.
Every criminal case is handled by a prosecutor whose job is to convict you. If you don’t have legal representation, you’re walking into court alone against someone trained to win. The prosecutor knows the rules of the game. They know what a fair offer looks like. Do you?
Without a lawyer, you risk:
- Overpaying on restitution
- Agreeing to unnecessary conditions
- Facing harsher penalties
- Repeated court dates disrupting your life
Worse, once you accept a deal and plead guilty, it’s incredibly difficult to undo it. People call us every week with “I didn’t know” or “I thought it would be fine.” Don’t be one of them.
What Happens If I’m Convicted?
Besides potential jail time and fines, a conviction for criminal mischief can affect:
- Employment (especially in government, security, or education)
- Housing applications
- Gun rights (for felony convictions)
Criminal mischief charges are often the result of one bad decision, a moment of frustration, or even peer pressure. That doesn’t mean you should face a lifetime of consequences.
The Marc Lopez Law Firm Can Help
We’ve represented hundreds of clients charged with criminal mischief across Indiana. We know how prosecutors think, and we know how to push back. Whether it’s getting charges reduced, fighting them in court, or negotiating a fair resolution, we’re here to make sure you’re not taken advantage of.
You don’t need to be a legal expert. That’s what we’re here for.
Make the Smart Call Today
If you or someone you care about is facing a criminal mischief charge in Indiana, don’t try to handle it alone. The Marc Lopez Law Firm can help you understand your options, protect your rights, and fight for the best possible outcome.
📞 Call us today at 317-632-3642
And remember: always plead the 5th.