Criminal Mischief in Alabama: Degrees, Penalties, and Restitution

Criminal mischief in Alabama is the intentional damaging of property you have no right to damage, and it is split into three degrees based on the dollar amount of the loss. First-degree is a Class C felony and applies when damage exceeds $2,500 or was caused by an explosion. Second-degree covers damage over $500 up to $2,500. Third-degree covers damage of $500 or less. The two lower degrees are misdemeanors. Restitution to the victim is ordered on top of any fine or jail sentence.

What the State Has to Prove

Every degree shares the same two elements. The prosecution must show, beyond a reasonable doubt, that you intended to damage the property and that you had no right to do so and no reasonable ground to believe you did.¹ Accidental damage does not qualify, regardless of how expensive the loss turns out to be. Someone who genuinely believed they had permission or an ownership interest has a defense written into the statute itself, and that becomes important in landlord-tenant, co-owner, and neighbor disputes.

What separates the degrees is straightforward: the dollar amount of the damage, and whether an explosion was involved.

First-Degree Criminal Mischief

First-degree criminal mischief applies when the damage exceeds $2,500, or when it was caused by an explosion, regardless of the dollar amount.¹ The explosion provision is a standalone trigger because of the inherent danger, even if the actual property loss is modest.

This is a Class C felony. A conviction carries a prison sentence of one year and one day to ten years.² The court can also impose a fine of up to $15,000.³

Second-Degree Criminal Mischief

Second-degree criminal mischief covers damage that exceeds $500 but does not exceed $2,500.⁴⁵⁶

Enhanced Penalties for Damage to a Church or Religious Building

Alabama singles out damage to churches and other religious buildings at this degree. A second conviction for second-degree criminal mischief involving a church or religious building within five years triggers a mandatory minimum of at least 10 days in jail. A third or subsequent conviction within the same five-year window raises that floor to at least 30 days.⁴

When the conviction involves a church or religious building, the court must also order restitution as the first financial priority, ahead of fines, court costs, or any other court-ordered payment.⁴

Third-Degree Criminal Mischief

Third-degree criminal mischief covers intentional property damage of $500 or less.⁷⁵⁶ Judges frequently use probation or community service for first-time offenders at this level, but the statutory maximums give the court real leverage when the circumstances call for it.

Restitution Is Separate and Uncapped

On top of fines and jail time, Alabama law requires courts to hold a restitution hearing whenever a conviction produces financial loss to a victim. Under Alabama Code Section 15-18-67, the court sets the amount and type of restitution the defendant must pay directly to the person whose property was damaged. Restitution tracks the actual cost of repair or replacement, so there is no statutory ceiling. A $15,000 fine is capped by statute; restitution is not. If the destroyed property was worth $40,000, the court can order $40,000 in restitution in addition to the sentence and fine.

For church-related second-degree convictions, the statute expressly puts restitution ahead of fines and court costs in the order of payment.⁴

When the Person Who Caused the Damage Is a Minor

Alabama holds parents or guardians financially responsible when a minor under 18 commits intentional property damage, under a separate civil statute, Alabama Code Section 6-5-380. Liability is capped at $1,000 in actual damages plus court costs. That civil cap sits on top of any criminal penalties the minor faces in juvenile court. Foster parents are exempt.

Defenses

Because every degree of criminal mischief requires both intent and the absence of a right to damage the property, the most common defenses attack those elements directly.

Lack of Intent

If the damage was accidental, there is no criminal mischief. A defendant who can show the damage came from carelessness or a misunderstanding rather than a purposeful act has a strong defense, because intent is an essential element of the offense.¹

Reasonable Belief in a Right to the Property

Each degree requires that the person had “no right” to damage the property “or any reasonable ground to believe” they had that right.⁷ This comes up regularly in landlord-tenant disputes, co-ownership situations, and cases where someone was told they could alter or remove property. The belief does not have to be legally correct; it has to be reasonable under the circumstances. A tenant who pulls out old carpet after the landlord verbally agreed to a remodel has a plausible defense even if the landlord later denies the conversation.

Necessity

Alabama recognizes a necessity defense when someone damages property to prevent a greater harm, such as breaking a car window to rescue a child or animal in extreme heat, or forcing open a door during a fire. The defense requires showing that the damage was the only reasonable way to avoid the danger. Courts evaluate necessity narrowly: the threat must have been immediate, the response proportionate, and no less destructive alternative available.

Why a Felony Conviction Matters Beyond the Sentence

A first-degree conviction is a felony, and the consequences reach well past prison and fines. Alabama strips certain civil rights from people convicted of felonies classified as crimes of “moral turpitude.” In 2017, the legislature defined that term by listing more than 40 specific offenses. Felony-level theft and assault are on the list, and property destruction charges can potentially fall within its scope depending on the circumstances.

Someone who loses voting rights for a qualifying felony can apply for restoration after completing their sentence, parole, and probation and paying all court-ordered fines and restitution. Some convictions permanently bar restoration. A felony record also affects employment, professional licensing, and tenant background checks. Landlords routinely screen for criminal history involving property damage, and a felony gives them a straightforward reason to deny an application. Those downstream effects are often what people feel most in daily life, which is why the gap between damage valued at $2,400 and damage valued at $2,600 carries far more weight than the two hundred dollars suggests.

1
Alabama Legislature. Alabama Code 13A-7-21 – Criminal Mischief in the First Degree
2
Alabama Legislature. Alabama Code 13A-5-6 – Sentences of Imprisonment for Felonies
3
Alabama Legislature. Alabama Code 13A-5-11 – Fines for Felonies
4
Alabama Legislature. Alabama Code 13A-7-22 – Criminal Mischief in the Second Degree
5
Alabama Legislature. Alabama Code 13A-5-7 – Sentences of Imprisonment for Misdemeanors and Violations
6
Alabama Legislature. Alabama Code 13A-5-12 – Fines for Misdemeanors and Violations
7
Alabama Legislature. Alabama Code 13A-7-23 – Criminal Mischief in the Third Degree