You might not think breaking your own TV during an argument is a crime, but in Washington, it can be. The law treats property damage in domestic situations as a form of domestic violence, meaning you could face charges—even if you didn’t hurt anyone.

In fact, in Washington State, damaging shared property during a domestic dispute can lead to domestic violence charges. Even if the item belongs to both of you, the state may still consider it "property of another," making it a criminal offense.

What Is Malicious Mischief?

The legal term for intentionally damaging someone else's property is "malicious mischief." Washington law outlines three degrees of malicious mischief based on the extent of the damage:

- First Degree: Damage exceeding $5,000. This is a Class B felony, carrying severe penalties.

- Second Degree: Damage between $750 and $5,000. Classified as a Class C felony.

- Third Degree: Damage under $750. This is considered a gross misdemeanor.

Even if you co-own the damaged property with your partner, you can still face malicious mischief charges. The rationale is that your partner has an equal right to the property, and damaging it infringes upon their rights.

Consider the case of Angel Coria (State v. Coria). During a dispute, Coria damaged property he co-owned with his wife. He was charged with second-degree malicious mischief. Coria claimed that because he co-owned the property, it didn’t count as 'property of another.' But the Washington Supreme Court disagreed. They ruled that even if you share ownership, damaging the property can still be considered a crime.

Why Does This Matter?

In the middle of an argument, your anger may get the better of you. And in that instance, smashing something might not seem like a big deal. But in Washington, it can be. Breaking shared property could land you with domestic violence charges—leading to jail time, fines, and even a protective order.

Protective Orders and Their Impact

If you're accused of domestic violence involving property damage, the affected party can seek a domestic violence protection order. This court order can:

- Prohibit Contact: You may be barred from contacting the person who sought the order.

- Exclude from Residence: You might be required to move out of your shared home.

- Surrender Firearms: You could be ordered to give up any firearms you possess.

Violating a protection order is a criminal offense and can lead to additional charges.

Possible Defenses to a Malicious Mischief Charge

If you're facing malicious mischief charges for damaging shared property during a domestic dispute, your Seattle criminal defense attorney may be able to use various legal defenses. The right defense depends on the specifics of your case, including whether the damage was intentional, accidental, or if you had a legal right to the property.

1. The Damage Was Unintentional

One key element of malicious mischief is intent. Prosecutors must prove that you deliberately damaged the property. If the damage was accidental—such as knocking over a television during an argument or slamming a door too hard—this could serve as a defense. Evidence such as witness statements, security footage, or expert testimony could help show that the incident was unintentional.

2. You Were the Sole Owner of the Property

To be convicted of malicious mischief, the damaged property must belong to "another person" under Washington law. If you can prove that the item was solely yours and not jointly owned, you may have a valid defense. However, if the property was purchased together, given as a shared gift, or legally considered marital property, this defense may not hold up in court.

3. Lack of Evidence

The burden of proof is on the prosecution. If there’s insufficient evidence that you were responsible for the damage, or if it’s unclear how the property was destroyed, you could argue that the case should be dismissed. This often comes into play in disputes where emotions run high, but no clear evidence exists to show who actually caused the damage.

Depending on the strength of your defense, malicious mischief charges could be reduced or even dismissed. In some cases, a defense attorney may negotiate a plea deal, reducing a felony charge to a misdemeanor or arranging for alternative sentencing like community service or anger management courses instead of jail time.

Contact Our Seattle Criminal Defense Attorneys Today

A domestic violence charge—especially one involving property damage—can have serious, lasting consequences. Jail time, fines, and protective orders can impact your life in ways you might not expect. But you don’t have to navigate this alone.

If you're facing malicious mischief or domestic violence charges in Washington, getting the right legal defense is crucial. An experienced attorney can review your case, explain your options, and fight for the best possible outcome.

Don’t wait until it’s too late. Contact a Seattle criminal defense attorney at Lewis & Laws today to protect your rights and your future.