Which condition results in a 3rd-degree felony for criminal mischief?

• A. less than $200 – 2nd degree misdemeanor
• B. greater than $200 but less than $1000 – 1st degree misdemeanor
• C. damage is $1000 or more – 3rd degree felony
• D. prior convictions – felony

Answer: (C)

Criminal mischief is charged based on how much property damage occurred, with higher damage carrying harsher penalties. If damage is less than $200, it’s a 2nd-degree misdemeanor. If damage is at least $200 but less than $1,000, it’s a 1st-degree misdemeanor. When damage reaches $1,000 or more, it becomes a 3rd-degree felony. So the condition that leads to a 3rd-degree felony is damage of $1,000 or more. Prior convictions don’t by themselves convert the charge to a felony; they can affect penalties after the level is determined under the statute.