Criminal Mischief in Pennsylvania: How It Is Graded

Last updated October 4, 2026.

Criminal mischief is Pennsylvania's property damage offense. It covers a broken window after an argument, a keyed car, spray paint on a wall, and damage done in anger to someone else's things. Because the grade turns on a dollar amount and on what the person meant to do, two people who damaged property the same way can face very different charges. My general approach to criminal charges is on the main criminal defense page.

How does a criminal mischief case move through Lawrence County?

The grade decides the path:

The charge. Police file a citation for a summary charge or a criminal complaint for a misdemeanor or felony, with the dollar loss usually stated in the paperwork.
A summary charge. A plea is due within 10 days of the citation (Pa.R.Crim.P. 407), as explained in what happens if you ignore a citation. The trial is held before the magisterial district judge for the area, such as the court described in the Ellwood City district court.
A misdemeanor or felony. The complaint is filed at the district court, and the preliminary hearing is held at the county's Central Court, 202 Milton Street, New Castle, covered in preliminary hearings in Lawrence County.
The Court of Common Pleas. A case held for court moves to the Courthouse for a plea, trial or diversion.
Restitution. If there is a conviction, the court orders the loss repaid, and in a Common Pleas case Adult Probation's Collections Department sets a monthly payment plan.
Appeal windows. A summary conviction can be appealed for a new trial within 30 days (Rule 460).

What counts as criminal mischief?

Section 3304(a) lists six ways to commit the offense. A person is guilty if they:

damage another's tangible property intentionally or recklessly, or negligently by using fire, explosives or other dangerous means;
intentionally or recklessly tamper with another's property so as to endanger people or property;
intentionally or recklessly cause another to suffer a financial loss by deception or threat;
intentionally deface public property or another's property with graffiti, using spray paint, a broad-tipped indelible marker or a similar device;
intentionally damage another's real or personal property; or
intentionally deface property by firing a paintball gun or marker at it.

The statute defines graffiti as "an unauthorized inscription, word, figure, mark or design which is written, marked, etched, scratched, drawn or painted" (3304(c)).

How is it graded?

Criminal mischief grades (18 Pa.C.S. 3304(b); maximums from 1101, 1103, 1104, 1105)
Loss and intent	Grade	Maximum jail	Maximum fine
Intentional loss over $5,000, or a substantial interruption of a public service such as transportation, water, gas or power	Third-degree felony	7 years	$15,000
Intentional loss over $1,000	Second-degree misdemeanor	2 years	$5,000
Intentional or reckless loss over $500, or a graffiti loss over $150	Third-degree misdemeanor	1 year	$2,500
Any other criminal mischief	Summary offense	90 days	$300

Two things follow from the wording. First, intent caps the grade: damage done recklessly, however expensive, cannot be graded above a third-degree misdemeanor, because the two higher grades require that the person "intentionally" caused the loss. Second, the dollar amount sets the grade, and the Commonwealth has to prove it. The estimate behind the number, whether it is a repair cost or a replacement price, and whether it includes damage the person did not cause, are often where the real argument in the case lies.

Will I have to pay for the damage?

Almost certainly, if there is a conviction. Under 18 Pa.C.S. 1106, when a crime substantially decreases the value of a victim's property, the court must order restitution, and it must order full restitution regardless of the defendant's current finances. The court may not reduce the award by what an insurer already paid the victim; instead, the defendant repays the insurer for that part (1106(c)(1)(i)). The district attorney recommends the amount, based on information requested from the victim. The court may set a lump sum or installments, and it may not jail someone for failing to pay if the failure comes from an inability to pay (1106(c)(2)). A magisterial district judge's restitution order is limited to the return of the property or its undisputed value, or a disputed amount within the $12,000 district court civil limit (1106(d)). Restitution does not stop the owner from also suing, though any civil award is reduced by what was paid as restitution (1106(g)).

In Lawrence County, restitution ordered in the Court of Common Pleas is collected through Adult Probation's Collections Department. Its page explains that defendants enter a monthly payment plan starting right after sentencing, set by dividing the total owed by the months of supervision; that a civil judgment is filed with the Prothonotary for everyone convicted in the Court of Common Pleas under 42 Pa.C.S. 9728(b); and that falling behind can lead to sanctions including a violation of supervision, a driver's license suspension, a credit bureau report or a referral to a collection agency that adds 25% to the balance. The county also charges a $50 monthly supervision fee to people on active supervision.

Can a criminal mischief conviction be cleared?

Usually there is a route, because criminal mischief is a property offense, listed in the Crimes Code under offenses against property rather than offenses involving danger to the person:

Summary conviction: automatic limited access after five years once restitution is paid (18 Pa.C.S. 9122.2(a)(3)), or expungement on petition after five years free of arrest (9122(b)(3)).
Second or third-degree misdemeanor: automatic Clean Slate limited access after seven years free of conviction for an offense punishable by a year or more, once restitution is paid, subject to the exceptions in 9122.3 (9122.2(a)(1)).
Third-degree felony: criminal mischief is one of the felonies named in 18 Pa.C.S. 9122.1(a.1), so a petition for limited access is possible after 10 years free of conviction, subject to that section's exceptions.

Unpaid restitution blocks each of these, which is one more reason to deal with the amount early. Each route is explained in clearing a criminal record in Pennsylvania.

What changes the answer?

Intentional or reckless. Only intentional damage can reach the second-degree misdemeanor or felony grades (3304(b)).
The dollar amount. The lines at $500, $1,000 and $5,000 set the grade, and the Commonwealth must prove the figure.
Graffiti. A graffiti loss over $150 is a third-degree misdemeanor, a lower threshold than other damage (3304(b)).
Public services. A substantial interruption of a public service is a felony regardless of the dollar amount (3304(b)).
Taking or keeping instead of damaging. If the property was taken, the theft rules in theft by unlawful taking in Pennsylvania apply. If it was bought or kept knowing it was stolen, the rules in receiving stolen property in Pennsylvania apply.
The relationship. Damage during a fight with a family member or partner can come with other charges, such as harassment, explained in harassment charges in Pennsylvania.

A worked example

For example, take a hypothetical case (not a real one): after an argument outside a bar in Ellwood City, a person kicks the door of another person's car, and the owner's body shop estimate is $1,400.

If the Commonwealth can prove the kick was intentional and the loss was over $1,000, the charge can be graded as a second-degree misdemeanor, with a maximum of two years and $5,000 (3304(b), 18 Pa.C.S. 1104, 1101). The complaint would be filed at the Ellwood City district court, with the preliminary hearing at Central Court in New Castle. The defense questions start with the number: does the estimate include older damage, is it a repair price or a replacement price, and was the loss really over $1,000? If the evidence showed only recklessness, the grade could not go above a third-degree misdemeanor; if the provable loss were $500 or less, it would be a summary offense. On a conviction, the court would order the proven loss repaid, and if the owner's insurer had already paid for the repair, that part would go to the insurer (1106(c)(1)(i)).

Common mistakes in criminal mischief cases

Accepting the first estimate. The figure sets the grade and the restitution, and it can include damage that was already there.
Assuming insurance payment ends the matter. The court still orders restitution and directs payment to the insurer for what it covered.
Paying a summary citation without reading it. Paying is a guilty plea and a conviction.
Falling behind on the payment plan. The county lists license suspension, credit reporting and a 25% collection-agency increase among the sanctions.
Talking to the owner about the damage. Statements about what you meant to do go straight to the question of intent.

What to do this week

Find the dollar amount and the subsection of 3304 in the citation or complaint.
Ask for the estimate or receipts behind the number, and take photos of the property if you can do so lawfully.
Write down what happened, including anything that shows the damage was accidental or not yours.
If it is a citation, enter a plea within 10 days.
Check the UJS Portal for a hearing date at the district court or Central Court.
Avoid contact with the owner about the case.

Frequently asked questions

Is criminal mischief a felony in Pennsylvania?

Only at the top grade: an intentional loss over $5,000, or a substantial interruption of a public service, is a third-degree felony (3304(b)). Most cases are misdemeanors or summary offenses.

Can I be charged if I damaged property by accident?

Not for most forms of the offense, which require intentional or reckless conduct. The exception is damage caused negligently by fire, explosives or other dangerous means (3304(a)(1)).

Does damaging my own car or house count?

The statute speaks of "another's" property, public property or the property of another, so the damage must be to property that belongs to someone else (3304(a)).

Will I go to jail if I cannot pay restitution?

The court may not jail someone for failing to pay restitution when the failure comes from an inability to pay (1106(c)(2)). Willful nonpayment is treated differently, and the county lists sanctions for missed payments.

Can the owner sue me as well?

Yes. A restitution order does not bar a civil suit, but any civil award is reduced by the amount already paid as restitution (1106(g)).

Where can I see the local courts in one place?

The four district courts, Central Court and the Courthouse are listed on the Lawrence County courts page.

If you have been charged with criminal mischief in Ellwood City, New Castle or anywhere in Lawrence County, the dollar figure and the question of intent are the first things to test. You work directly with me, and the first consultation is always free and confidential.

How is criminal mischief graded in Pennsylvania?