Legal Question in Criminal Law in Pennsylvania

Criminal Mischief

I am being charged with criminal mischief [under 18 Pa.C.S. � 3304(a)(1)] after damaging my wife's car during an argument. I received a non-traffic citation / summons and am being asked to file my plea. I have a few questions:

(1) That section of the Pa. statutes is for criminal mischief caused by the use of fire, explosives, or other catastrophic means. Should I plead not guilty since the summons was filed under the wrong section?

(2) My wife and I have reconciled. Can she suggest that the court drop the charge?

(3) Under Pa. law, criminal mischief can be a summary offense, a misdemeanor, or a felony, depending on the intent and the amount of pecuniary loss. If I plead guilty to the summary offense I'm being charged with, can my guilty plea be used against me if the charge is increased to a misdemeanor or felony at a later time?

Thank you in advance for answering my questions!


Asked on 2/15/08, 3:12 pm

1 Answer from Attorneys
Brian Zeiger Levin & Zeiger LLP

Re: Criminal Mischief

let me do my best to try to help:

1. they can ammend the charges any time they want up to the start of a trial. 2. I can't give you any advice on this question via law guru or email. 3. once the trial or plea is over, they cannot recharge you, it would be double jeopardy.

email me at [email protected] and I will help you.

Read more
Answered on 2/15/08, 4:01 pm


Related Questions & Answers

More Criminal Law questions and answers in Pennsylvania