Criminal Damaging, Criminal Mischief, and Vandalism Are Not the Same Charge
Ohio law treats property-damage offenses very differently depending on what happened. Criminal Damaging (R.C. 2909.06) covers knowingly or recklessly causing — or creating a substantial risk of — physical harm to another's property, and is ordinarily a second-degree misdemeanor (up to 90 days in jail), rising to a first-degree misdemeanor (up to 180 days) if the conduct also created a risk of harm to a person. Criminal Mischief (R.C. 2909.07) more broadly covers knowingly moving, defacing, damaging, or improperly tampering with another's property without privilege, and is ordinarily a third-degree misdemeanor.
When Property Damage Becomes a Felony
Vandalism (R.C. 2909.05) is a felony property offense, but it only applies to specific categories: occupied structures, business or occupational property, government property, and cemetery or memorial property — it is not a general "expensive damage" statute. Vandalism is ordinarily a fifth-degree felony, rising to a fourth-degree felony at $7,500 or more in damage and a third-degree felony at $150,000 or more. Business property can qualify for a felony charge even under $1,000 in damage if the property was necessary for the owner's occupation.
Valuation and Intent Are Frequently Contested
The State must prove the required mental state — an accident is not automatically a crime — and the alleged dollar value of the damage, which is not always the same as a contractor's repair estimate. Ownership disputes are also common, particularly between spouses, roommates, or family members, since these charges frequently arise from domestic disputes over shared or jointly owned property.