Malicious Destruction of Property

Skilled Boston Juvenile Defense Attorney Protecting the Rights of Minors Charged with Property Crimes

When a young person is accused of destroying someone else’s property, the consequences can follow them well beyond their teenage years. At the Law Office of Patrick J. Murphy, a Boston juvenile property crime lawyer can help protect your child’s future and ensure they are treated fairly in court. Whether the damage was a reckless act or the result of a misunderstanding, you deserve guidance from an attorney who understands how the Massachusetts juvenile justice system works—and how to fight for the best outcome.

What Is Malicious Destruction of Property in Massachusetts?

Under Massachusetts General Laws Chapter 266, Section 127, malicious destruction of property involves willfully and maliciously damaging or destroying the property of another person. The statute covers a wide range of property types, including:

• Homes and buildings
• Vehicles
• School property
• Personal belongings
• Public or municipal property

The law applies whether the property belongs to an individual, a business, or the government. For a juvenile to be found “delinquent” (rather than “guilty”), the Commonwealth must prove they acted intentionally and not by accident.

Is All Property Damage Considered Malicious?

No. To be charged under this law, prosecutors must show that the destruction was malicious—meaning it was done deliberately, with hostility or cruelty. That’s different from wanton destruction, which is reckless but not necessarily intended to cause harm. This distinction matters because it impacts how the case is charged and the possible penalties.

For example, carving initials into a school desk might be considered wanton behavior. Smashing car windows with a bat would likely be viewed as malicious. An experienced Boston juvenile property crime lawyer can review the facts and argue for a lesser charge—or get the charges dropped entirely.

What Are the Penalties for Juvenile Malicious Destruction?

While adults charged under this statute face potential jail time and steep fines, the juvenile system focuses more on rehabilitation than punishment. However, the consequences can still be serious:

• Restitution to the victim for the cost of repairs
• Probation or community service
• Mandatory counseling or educational programs
• Loss of driving privileges
• A permanent entry on the juvenile’s CORI record

If the damage exceeds $1,200, the case is more likely to be treated as a felony offense, with harsher penalties.

Why Juvenile Charges Demand a Strong Defense

Even though juvenile cases are handled in a different division of the court system, the stakes are high. A delinquency finding can affect your child’s ability to apply for jobs, join the military, or pursue scholarships. Some property crimes are viewed as red flags by schools and future employers. If the charges involve gang activity, graffiti, or repeat offenses, judges may be less lenient.

That’s why it’s essential to hire a lawyer who has successfully defended juveniles in Massachusetts courts and knows how to advocate effectively before a judge or probation officer.

Possible Defenses to Malicious Destruction Charges

Every case is different, but several defenses may be available depending on the facts:

• Lack of intent: If the damage was accidental or not done on purpose, the charges may not hold.
• Mistaken identity: In many cases, property is damaged in groups, and your child may be wrongfully accused.
• No proof of ownership: The prosecution must show that someone else legally owned the property.
• Low value of damage: If the value is below $1,200, the charge may be downgraded.

A knowledgeable defense attorney can review police reports, surveillance footage, and witness statements to build a strong case.

How Juvenile Property Crimes Are Handled in Court

Juvenile cases are heard in Massachusetts Juvenile Court, which focuses on accountability and rehabilitation. After a summons or arrest, your child may have a pretrial hearing where the case could be resolved without a trial. In many instances, an attorney can negotiate for:

• Diversion programs that allow the case to be dismissed after completing certain conditions
• Informal probation instead of formal delinquency proceedings
• Dismissal based on lack of evidence or cooperation from the alleged victim

Keeping the case out of trial court and off your child’s permanent record is often the best result—and completely achievable with skilled representation.

Related Offenses to Malicious Destruction

Malicious destruction of property is sometimes charged alongside or instead of other offenses. These may include:

• Trespassing
• Breaking and entering
• Vandalism or tagging
• Disorderly conduct
• Possession of a fake ID (if linked to school or business damage)

Your lawyer can assess the full scope of the allegations and work to have charges reduced or dismissed.

Talk to a Boston Juvenile Property Crime Lawyer Who Knows How to Help

The juvenile court process can be intimidating, but you don’t have to face it alone. At the Law Office of Patrick J. Murphy, we understand how much is at stake for your family and how quickly things can spiral without the right legal support. Attorney Murphy has successfully represented juveniles charged with property crimes across Massachusetts and works hard to protect their record and future opportunities. If your child has been accused of malicious destruction, call today to speak with a Boston juvenile property crime lawyer who will fight for the outcome your family deserves.