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Under the laws of the state of New York, Criminal Mischief is a crime that includes vandalism and destruction of property. There are several degrees of seriousness of the crime of Criminal Mischief; some carry significant jail time.
Being charged with Criminal Mischief is quite serious. If you or someone you know is charged with this crime, you must contact an experienced criminal defense attorney to protect your rights and make every effort to keep yourself from getting a permanent criminal record.
What is Criminal Mischief and Can the Charges be Beaten?
Common reasons for a criminal mischief charge are vandalism, road rage, domestic disputes and or other disagreements that result in property damage.
Yes, these charges can often be dismissed or reduced. Each criminal mischief crimes require that the State of New York prove that defendant had the specific intent to damage the property. Additionally, it must be proven that the defendant has no right to damage the property, nor any reasonable ground to believe that he had such right.
With the an experienced criminal defense attorney on your case, you have a real chance of preventing the State of NY from proving those two elements necessary for a conviction and guilty finding.
NY Criminal Mischief Laws & Penalties
Criminal Mischief in the First Degree – 145.12
In order to prove that an individual is guilty of Criminal Mischief in the First (1st) Degree, it must be established that the individual “damaged property of another person by means of an explosive”. (no matter what the extent of the damage)
1st Degree Criminal Mischief is a Class B Non-Violent Felonyaccording to Section 145.12 of the New York Penal law.
Criminal Mischief in the Second Degree –145.10
In order to prove that an individual is guilty of Criminal Mischief in the Second (2nd) Degree, it must be established that the individual:
- Damages property of another person, and;
- the value of which exceeds $1,500.
2nd Degree Criminal Mischief is a Class D Non-Violent Felonyaccording to Section 145.10 of the New York Penal law.
Criminal Mischief in the Third Degree 145.05
In order to prove that an individual is guilty of Criminal Mischief in the Third Degree, it must be established that the individual:
- damages the property of another person, and;
- the value of which exceeds $250.
- damages someone’s car, by breaking into such vehicle,
- when the car is locked,
- with the intent of stealing property, and
- the defendant has been convicted of any degree of criminal mischief three or more separate times during the previous ten years
3rd Degree Criminal Mischief is a Class E Non-Violent Felonyaccording to Section 145.05 of the New York Penal law.
Criminal Mischief in the Fourth Degree 145.00
In order to prove that an individual is guilty of Criminal Mischief in the Fourth Degree, it must be established that the individual:
- Intentionally damages someone else’s property, (no matter the extent of the damage), or
- Intentionally participates in the destruction of an abandoned building, or
- Recklessly damages property of another person in an amount exceeding $250.
4th Degree Criminal Mischief is a Class A Misdemeanor according to Section 145.00 of the New York Penal law.
A class A misdemeanor has a maximum penalty of up to 1 year in jail.
Free Legal Advice on New York Criminal Mischief Charges
Call us to talk about your criminal mischief or related New York state criminal offenses. We offer a free consultation on criminal defense issues. Call (888) 435-4744 now for the help you need.
Don’t wait! The best defense options are often time sensitive, so you may lose you best chance to get your charges dismissed if you wait too long.