Malicious Destruction of Property Charges in Boston?
We’ll Help You Fight Back.
In a city like Boston, one argument, one broken item, or one mistake can lead to a criminal charge for malicious destruction of property. Whether it happened during a night out, a dispute with a neighbor, or a misunderstanding on the T, you could now be facing jail time, fines, and a permanent record.
At DeGiacomo & Mikhlin, P.C., we defend people across Greater Boston charged with property-related crimes—including students, professionals, renters, tourists, and first-time offenders. If you've been arrested in Boston for breaking or damaging someone else’s property, we’re here to help you move forward without it ruining your future.
What the Law Says in Massachusetts
Under M.G.L. c. 266 § 127, a person commits malicious destruction of property when they:
- Willfully and intentionally
- Damage or destroy
- Someone else’s personal or real property
- With malice (not accidentally or carelessly)
In Boston, we frequently see this charge filed after:
- Bar or club fights that lead to damaged cars, windows, or phones
- Vandalism allegations near schools, apartments, or MBTA property
- Domestic disputes where one person breaks shared or personal belongings
- Tenant/landlord conflicts where something is damaged on the property
- Road rage or bike path arguments gone too far
Even if the damage seems minor, a conviction can have major consequences—especially in a city with so many background checks, housing restrictions, and employment screening.
Penalties in Boston for Malicious Destruction
If the property damage is $1,200 or more:
- Felony charge
- Up to 2.5 years in jail
- Fines up to $3,000 or triple the damage amount
- Restitution to the property owner
If the damage is under $1,200:
- Misdemeanor
- Up to 2.5 years in jail
- Fines up to $1,500 or triple the damage
Even a misdemeanor conviction will appear on a CORI (Criminal Offender Record Information) and can affect your job, housing, and immigration status.
How We Fight These Charges in Boston Municipal and District Courts
We take a tailored, aggressive approach based on where your case is being heard—whether it’s in Boston Municipal Court (BMC), Dorchester, Roxbury, or another division.
We look for:
- Lack of proof that the damage was intentional or malicious
- Evidence that the item was shared or jointly owned
- Inaccurate or inflated repair estimates
- Civil alternatives that allow for dismissal or pretrial diversion
- Police or witness reports that don’t hold up under scrutiny
We also work with prosecutors to resolve first-time offenses with:
- Restitution agreements
- General continuances
- CWOFs (continuances without a finding)
- Full case dismissal after completion of conditions
FAQs – Boston Malicious Destruction Cases
Do I have to pay for the damage even if the charges are dropped?
Possibly. Courts often require restitution as part of a dismissal or probation. We’ll work to make sure any payments are fair and manageable—and don’t result in a conviction.
Is this a felony or misdemeanor?
It depends on the cost of the damage. If the repair or replacement is valued at $1,200 or more, it’s a felony. Otherwise, it’s a misdemeanor.
What if I broke something during a fight or argument?
That’s exactly when this charge is most likely to be filed. But we may be able to show it wasn’t intentional, or that you were acting in self-defense or under duress.
Let’s Take Care of This—Before It Gets Worse
If you’re facing malicious destruction charges in Boston, don’t leave your future to chance. You may be able to avoid a conviction—and we’ll help you get there.
Call DeGiacomo & Mikhlin, P.C. today for a free, confidential consultation Or fill out our contact form and we’ll get in touch promptly
We represent clients in Boston Municipal Court and all district courts throughout Suffolk County.
Also serving: Cambridge, Allston, Brighton, Jamaica Plain, Dorchester, and South Boston.
What Makes This Firm Different?
Feel Confident in Choosing Degiacomo & Mikhlin, P.C.
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Available to Clients 24/7
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Nearly a Decade of Legal Experience
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Successfully Defended Hundreds of Clients
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Former Prosecutors & Knows How That Side Thinks
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Represented Clients in MA District, Superior, & Appellate Courts
Noteworthy Case Results
Focused on Getting You the Best Possible Outcome
James G. DeGiacomo and Sergey Mikhlin take great pride in the high-quality legal representation they are able to provide for their clients. No matter how complex or straightforward your case may be, they are prepared to do everything in their power to protect your rights and seek out a positive outcome. The case results they have achieved speak for themselves – take a look!
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Not Guilty January 2025 Case Result – Lynn District Court
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Case Dismissed January 2025 Case Result – Salem District Court
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Case Dismissed January 2025 Case Result – Fall River District Court
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Case Dismissed January 2025 Case Result – Haverhill District Court
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Case Dismissed December 2024 Case Result – Brookline District Court
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Complaint avoided November 2024 Case Result – Brockton District Court