Can Malicious Destruction Charges Be Dropped in MA?

If you’ve been charged with malicious destruction of property in Massachusetts, you’re probably hoping the charges can just go away — especially if you’ve already paid for the damage, the incident involved someone you know, or it was your first offense. The good news? Yes, in many cases, these charges can be dropped or dismissed — but it depends on several legal and factual factors.

Here’s what determines whether your case may be resolved without a conviction, and what steps you can take now to protect yourself.

When Can Malicious Destruction Charges Be Dropped?

There is no automatic way to drop criminal charges in Massachusetts, but a skilled defense attorney may be able to achieve dismissal through:

• Insufficient evidence: If the prosecution can’t prove you acted maliciously or that the damage was intentional.
• Restitution: If you pay for the damages quickly, prosecutors may be more willing to negotiate a resolution, especially for first-time offenders.
• Victim cooperation: In some cases, the victim may express that they don’t want to press charges, which can influence the DA’s decision (though it’s not the only factor).
• Pretrial diversion programs: Available in certain courts for young adults, college students, and non-violent first-time offenders.
• Resolution before arraignment: In some cases, your lawyer may be able to intervene before the arraignment, avoiding the public creation of a criminal record.

Will Paying for the Damage Make the Charges Go Away?

Paying restitution can help, but it doesn’t automatically result in dropped charges. That said, prosecutors may:

• Consider dismissing the case
• Offer a continuance without a finding (CWOF)
• Recommend pretrial probation, leading to dismissal after conditions are met
  This is especially true if the damage was minor and you have no prior record.

Can the Victim Drop the Charges?

Not directly. In Massachusetts, only the prosecutor (District Attorney’s office) has the authority to drop criminal charges. However, if the victim:

• Does not want to cooperate
• Fails to appear
• Submits a statement requesting dismissal

… it can significantly impact the DA’s decision, especially in property damage cases.

Will I Have a Criminal Record If the Charges Are Dropped?

If your case is dismissed before arraignment, you may avoid a public criminal record entirely.

If the case is dismissed after arraignment or resolved through pretrial probation or CWOF:

• You will not be convicted
• You may be eligible to seal the case record in the future
• This is one reason why early legal intervention is so important.

How a Lawyer Can Help You Get Charges Dismissed

A defense attorney can:

• Negotiate with the prosecutor
• Highlight weaknesses in the case
• Facilitate restitution or civil resolution
• Enroll you in an appropriate diversion program
• Advocate for dismissal before or after arraignment

Even if you feel the case is “minor,” don’t assume you can handle it on your own — the wrong outcome can affect your job, education, or background checks for years.

Worried About a Property Damage Charge in Massachusetts? We Can Help.

At The Law Offices of Elliot Savitz & Scott Bradley, we help people just like you avoid the worst-case scenario. Whether you’re dealing with a first-time offense or facing felony-level charges, we can often get the case dismissed, resolved quietly, or steered toward a record-clearing outcome.

Call now for a free consultation and let us guide you through the next steps.