Alabama Criminal Mischief Laws

Code of Alabama Title 13A Criminal Code, Chapter 7, Article 2 - Criminal Damage to Property

• Ala. Code § 13A-7-21 - Criminal Mischief in the First Degree
• Ala. Code § 13A-7-22 - Criminal Mischief in the Second Degree
• Ala. Code § 13A-7-23 - Criminal Mischief in the Third Degree

A person who inflicts damage to property when they intended to do so and had no right to do so or any reasonable ground to believe they had a right to cause the damage commits the crime of criminal mischief in the first degree if:

• The amount of damage exceeds $2,500 (§ 13A-7-21(a)(1)), or
• They caused the damage using an explosion. (§ 13A-7-21(a)(2))

Criminal mischief in the first degree is a Class C felony. (§ 13A-7-21(b)). If convicted, they face the following penalties:

• A mandatory minimum prison sentence of one year and one day in prison. (§ 13A-5-6(a)(3))
• A maximum sentence of up to 10 years in prison. (§ 13A-5-6(a)(3))
• A fine of up to $15,000. (§ 13A-5-11(a)(3))

A person commits criminal mischief in the second degree if they inflict damage to property that exceeds $500 but does not exceed $2,500. The person must have intended to damage property but had no right or reasonable ground to believe they had the right to cause it. (§ 13A-7-22(a))

Criminal mischief in the second degree is a Class A misdemeanor. (§ 13A-7-22(b)(1)). If convicted, they face up to one year of jail time and a fine of up to $6,000. (§§ 13A-5-7(a)(1); 13A-5-12(a)(1)). However, see the following for possible mandatory jail sentences:

• If a person has a second conviction for criminal mischief in the second degree within a five-year period and causes property damage to a religious building, they face a mandatory minimum sentence of 10 days in jail. (§ 13A-7-22(b)(2))
• Upon a third or subsequent conviction within a five-year period involving damage to a religious building, they face a mandatory minimum sentence of at least 30 days of jail time. (§ 13A-7-22(b)(2))
• Upon conviction for criminal mischief in the second degree involving a religious building, the court will order the defendant to pay restitution. Restitution is a court order that the person who committed an offense pays the victim for their economic loss. Restitution generally takes priority over any other fines or costs the court may order them to pay. (§ 13A-7-22(b)(3))

A person who commits property damage that does not exceed $500 commits criminal mischief in the third degree. They had to intend to damage property and have no right to damage, nor a reasonable ground to believe they had such a right. (§ 13A-7-23(a))

Criminal mischief in the third degree is a Class B misdemeanor. (§ 13A-7-23(b)). They face up to six months in jail and a $3,000 fine if convicted. (§§ 13A-5-7(a)(2); 13A-5-12(a)(2))