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Halloween “mischief” can lead to serious criminal charges

On Behalf of | Oct 29, 2024 | Alcohol-related Charges

There are a lot of arrests on Halloween and the days and nights surrounding it. There’s something about the holiday that leads to bad behavior for some people. It’s easy for people who are generally law-abiding citizens to get caught up in it. The consequences can follow them far into the future.

Police officers are a common sight on the roads and in cities and suburbs alike this time of year. Arrests for DUI and underage drinking are common because of the multitude of parties and other Halloween festivities. Many people end up facing drug-related charges as well. 

While it’s not wise to have candles inside Jack-o’-lanterns, some people do display these outside their homes. It’s all too easy for seemingly harmless activities or pranks on someone’s property to lead to arson-related charges.

Too many young adults think of Halloween as a night that’s free from consequences. What they could consider “mischief” can lead to serious charges. In Maryland, a number of offenses that are commonly considered vandalism fall under what the law calls “malicious destruction of property” or MDOP.

Maryland law and the malicious destruction of property

Maryland law states that someone “may not willfully and maliciously destroy, injure, or deface the real or personal property of another. That includes “an act of ‘graffiti’…[which] means a permanent drawing, permanent painting, or a permanent mark or inscription on the property of another without the permission of the owner of the property.”

The penalties for someone convicted of MDOP are largely dependent on the cost of the damage done. If the damage is under $1,000, the offense is a misdemeanor. It can still carry a jail sentence of up to 60 days and/or a fine of up to $500. Community service is another potential consequence.

If the damage is $1,000 or more, the penalty could be up to three years behind bars and/or a $2,500 fine. Note that these fines are in addition to the amount of restitution to the property owner that could be ordered.

If you or a loved one ends up being arrested and charged with a criminal offense this Halloween, it’s crucial to take the matter seriously and get legal guidance as soon as possible.