Criminal mischief is generally the damage, destruction, defacing, or alteration of tangible property (vandalism), done with criminal intent (intentionally or knowingly). Criminal mischief charges often arise from (1) damage to a home or dwelling; (2) damage to a place of business; (3) damage to a motor vehicle; (4) damage to a school; (5) defacement or destruction of public or private property (graffiti, etc.); or (6) tampering with public water, gas, power, or communications.

Criminal mischief laws are generally located in a state’s statutes—usually in the penal or criminal code.

In West Virginia, criminal mischief is addressed under the state's penal code, specifically in the West Virginia Code §61-3-30, which defines and penalizes the willful, malicious destruction, injury, defacement, or alteration of property. The severity of the charges can range from a misdemeanor to a felony, depending on factors such as the extent of damage, the type of property affected, and the intent behind the act. For instance, if the damage is relatively minor, the offense may be treated as a misdemeanor, but if the damage is significant or involves critical infrastructure like public utilities, the charges could escalate to a felony. This includes damage to homes, businesses, vehicles, schools, and public or private property. Additionally, tampering with public services such as water, gas, power, or communications systems is taken very seriously and can lead to severe penalties. The intent to commit the act is a crucial element, meaning the person must have acted intentionally or knowingly to be charged with criminal mischief.