Charged with Malicious Destruction of Property in Massachusetts? 

Protect Your Record Now.

A moment of anger, a misunderstanding, or even a false accusation can land you in court facing a criminal charge for malicious destruction of property. In Massachusetts, this offense carries more than just fines—it can lead to jail time, a permanent criminal record, and serious consequences for your job, housing, or education.

At DeGiacomo & Mikhlin, P.C., we defend clients across the Commonwealth charged with damaging someone else's property—whether it was a vehicle, window, phone, home, or personal item. We understand how these charges are prosecuted, and we know how to fight back.

What Is Malicious Destruction of Property in Massachusetts?

Under M.G.L. c. 266 § 127, a person commits malicious destruction of property when they:

• Willfully and maliciously
• Destroy or damage
• Property belonging to someone else

This can include:

• Breaking someone’s car window
• Damaging a roommate’s belongings
• Vandalizing school or business property
• Throwing or kicking an object that causes damage
• Property damage during an argument or fight

Malicious means the act was done intentionally and out of anger or cruelty, not by accident or carelessness.

Penalties for Malicious Destruction of Property in Massachusetts

Penalties depend on the value of the property damaged:

If the damage is over $1,200 (felony):

• Up to 2.5 years in jail or house of correction
• Fines up to 3 times the value of the damage or $3,000
• Felony conviction on your record

If the damage is under $1,200 (misdemeanor):

• Up to 2.5 years in jail
• Fines up to 3 times the damage or $1,500
• Misdemeanor criminal record

In both cases, you may also be ordered to pay full restitution for the damage. And if the charge occurs in connection with domestic violence, a restraining order or probation conditions may be added.

How We Defend Malicious Destruction Charges

We begin by breaking down what really happened—and what the state can actually prove. Common defenses include:

• The damage was accidental, not malicious
• You were falsely accused or misidentified
• You owned or shared the property
• No reliable evidence connects you to the damage
• The damage amount is inflated, allowing for a downgrade to a misdemeanor

We often negotiate outcomes that avoid conviction, such as:

• Pretrial diversion programs
• Restitution agreements
• Continuance without a finding (CWOF)
• Case dismissal after probationary terms

FAQs – Malicious Destruction of Property in MA

Is this a felony or misdemeanor?
It depends on the value of the damage. Over $1,200 is charged as a felony. Under that amount, it’s a misdemeanor—but both carry jail time and permanent records if convicted.

What if I broke something by accident?
Intent matters. If the damage was truly accidental or reckless—not malicious—it may be possible to get the charges dismissed or downgraded.

Can I just pay for the damage and make it go away?
In some cases, yes. We’ve negotiated restitution deals that resulted in full dismissal—but you must go through the proper legal channels to avoid a conviction.

Get Legal Help Now Before It Goes Any Further

Malicious destruction of property charges can be resolved—but the sooner you act, the better your options. A quick reaction can mean the difference between a criminal record and a clean slate.

Call DeGiacomo & Mikhlin, P.C. today for a free consultation Or fill out our contact form and we’ll get back to you promptly

We serve clients in every county in Massachusetts and appear regularly in district courts across the state.