Charged with Malicious Destruction of Property in Massachusetts?

Malicious Destruction of Property Charges in Massachusetts: What You’re Facing and How to Respond

Being charged with malicious destruction of property in Massachusetts can feel overwhelming—especially if it stemmed from an argument, a misunderstanding, or a mistake made in the heat of the moment. What may seem like a minor incident can carry serious legal consequences, including jail time, fines, and a permanent criminal record. Whether you were arrested or received a summons, it’s important to understand the charge and take action immediately.

What Is Malicious Destruction of Property in Massachusetts?

Under Massachusetts General Laws Chapter 266, Section 127, malicious destruction of property occurs when someone willfully and maliciously destroys or injures the personal or real property of another person. The law also covers acts of vandalism, graffiti, and damaging another person’s belongings—even during a domestic or heated dispute.

The prosecution must prove three elements:

1. The defendant injured or destroyed property,
2. The property belonged to someone else,
3. The act was done willfully and with malice.

Misdemeanor vs. Felony Charges

The severity of the charge depends primarily on the value of the damage:

• Misdemeanor: If the damage is less than $1,200, the charge is typically a misdemeanor, punishable by up to 2.5 years in jail and/or a fine up to three times the value of the damage.
• Felony: If the damage is $1,200 or more, or the property belongs to a house of worship, school, cemetery, or public utility, the charge can be escalated to a felony, with more severe penalties including state prison time.

Even a broken smartphone, scratched car, or shattered window can cross the felony threshold depending on repair costs or replacement value.

Common Scenarios That Lead to Charges

Malicious destruction of property is often charged in situations like:

• Arguments between spouses or family members where someone throws or breaks something
• College party incidents involving damage to dorms or rentals
• Road rage confrontations
• Acts of vandalism (spray paint, graffiti, egging)
• Damaging another person’s car, home, or phone during a dispute

It’s not always about vandalism in the traditional sense—many of these cases arise from emotional, impulsive decisions.

Can I Go to Jail for Malicious Destruction of Property?

Yes. Jail time is a real possibility, especially if:

• The charge is a felony due to the value or type of property
• You have prior offenses
• The incident involved other criminal charges (e.g., assault, trespassing)

That said, jail is not automatic, and many first-time offenders are eligible for pretrial diversion, restitution-based dismissal, or continued without a finding (CWOF) outcomes—especially with skilled legal representation.

Možné způsoby obrany

An experienced criminal defense attorney will evaluate your case for legal defenses, such as:

• Lack of intent: If the damage was accidental, the charge may not hold.
• False accusation or mistaken identity
• Value disputes: Arguing that the damage does not meet the felony threshold.
• Consent or ownership issues
• No malice involved (i.e., emotional outburst vs. deliberate intent to harm)

Why You Need a Criminal Defense Lawyer Immediately

The sooner you involve a defense attorney, the more options you may have—especially before arraignment. Your lawyer can:

• Negotiate with the DA for pretrial diversion or reduced charges
• Challenge the dollar value and intent behind the charge
• Help preserve your clean record, especially for college students or first-time offenders

Facing a Property Damage Charge in Boston? We Can Help.

At The Law Offices of Elliot Savitz & Scott Bradley, we’ve helped countless individuals in the Boston area get property damage charges dismissed or reduced—often before they ever set foot in court. Don’t risk a criminal record over a single mistake. Call us today for a free consultation and let us fight to protect your rights and your future.