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Misdemeanour criminal mischief - please explain

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    Misdemeanour criminal mischief - please explain

    The accused in this case has been charged with misdemeanour criminal mischief and breach of peace, with the police asking judges to consider felony bigotry charge being added afterwards? I'm no expert on American law, but to describe what I would call a vile hate crime and physical assault (I'm presuming here that a physical assault does not necessarily required actual direct contact) as mischief seems somewhat pathetic and rather demeaning to the victim of the crime. Mischief is spraying graffiti on a wall or jumping out and scaring somebody, not making racial slurs and smearing fanny batter in someone's face cream and sticking their toothbrush up your arse because you don't like the colour of their skin.
    What I'm getting at, I suppose, is whether a charge of misdemeanour criminal mischief is as pitiful as it sounds. Can anyone explain?
    Last edited by Sean of the Shed; 02-11-2017, 13:13.

    #2
    I assume this is the statute. (there is also a 3d degree, but I'm assuming that they would charge her with the most serious misdemeanor count.

    Sec. 53a-116. Criminal mischief in the second degree: Class A misdemeanor. (a) A person is guilty of criminal mischief in the second degree when: (1) With intent to cause damage to tangible property of another and having no reasonable ground to believe that he has a right to do so, he damages tangible property of another in an amount exceeding two hundred fifty dollars; or (2) with intent to cause an interruption or impairment of service rendered to the public and having no reasonable ground to believe that he has a right to do so, he damages or tampers with tangible property of a public utility or mode of public transportation, power or communication, and thereby causes a risk of interruption or impairment of service rendered to the public.

    (b) Criminal mischief in the second degree is a class A misdemeanor.
    Breach of the Peace looks to be a bit more on point, though still rather minor.

    Sec. 53a-181. Breach of the peace in the second degree: Class B misdemeanor. (a) A person is guilty of breach of the peace in the second degree when, with intent to cause inconvenience, annoyance or alarm, or recklessly creating a risk thereof, such person: (1) Engages in fighting or in violent, tumultuous or threatening behavior in a public place; or (2) assaults or strikes another; or (3) threatens to commit any crime against another person or such other person's property; or (4) publicly exhibits, distributes, posts up or advertises any offensive, indecent or abusive matter concerning any person; or (5) in a public place, uses abusive or obscene language or makes an obscene gesture; or (6) creates a public and hazardous or physically offensive condition by any act which such person is not licensed or privileged to do. For purposes of this section, "public place" means any area that is used or held out for use by the public whether owned or operated by public or private interests.

    (b) Breach of the peace in the second degree is a class B misdemeanor.
    It's perplexing, primarily because the first is a property crime, whereas it appears that the defendant has already admitted to acts that would satisfy the predicates for assault and battery (although that isn't completely clear, and it seems that she only admitted to some of the things she posted on Instagram). That said, I wonder if the authorities decided to bring the easy charges to prove in order to get her into the system, with the idea that they will bring more serious charges once they feel they are sure to be able to prove same.

    It's definitely something worth keeping an eye on.

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      #3
      Thanks Ursus. I though the charges sounded weak, but I suppose it is possible that they wanted to charge her with something to at least be assured of a prosecution. Hopefully they can make something more substantial stick.

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        #4
        Interestingly, Connecticut passed one of the strongest hate crimes laws in the country this summer.

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          #5
          fanny batter
          Oh my!

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