New York Criminal Mischief
A New York Criminal Mischief Lawyer will tell you that the crime of Criminal Mischief is when someone intentionally defaces or destroys the property of another. This crime is often referred to as vandalism. Interestingly, there is no crime in the penal law called “vandalism.” There are four degrees of Criminal Mischief. The lowest degree is Criminal Mischief in the 4th degree, which is classified as a misdemeanor offense. A misdemeanor is punishable by up to one year in prison. This crime covers property that is valued up to $250.00. This type of vandalism includes graffiti that is so frequently seen on subway walls, fences and on the side of buildings. If someone is caught in possession of a tool that is used to create graffiti, this is a separate offense. Criminal Mischief in the third degree is a felony offense, and applies where the property is valued at between $250. to $1,500. If you are convicted of this crime, you could receive over one year in prison. Criminal Mischief in the second degree involves property that is valued at over $1,500. and is classified as a D felony. Criminal Mischief in the first degree is considered a B felony, and applies if the property was destroyed by the use of explosives. If you have been charged with New York Criminal Mischief or other crime such as Petit Larceny, robbery, burglary, marijuana possession, or Possessing Stolen Property, contact a New York Criminal Mischief Lawyer from our team today. You could be facing very significant penalties.
The crime of Criminal Mischief can arise in many ways, one of which is involved with “road rage.” This type of incident begins when one driver makes a mistake, and perhaps cuts off another car, and a heated dispute ensues. Often in these disputes, one party will kick or somehow damage the other party’s car. The individual who caused the damage is often arrested. In determining which degree to charge the defendant with, the police will often estimate the damage to the car. If they think the damage is over $250., the defendant is charged with a felony.
A District Attorney would not question an estimate for damage submitted by the complainant. This can create uncertainty whether the defendant should appropriately be charged with a misdemeanor or a felony. If the confrontation became physical, the charges only become more serious. Criminal charges can be made for Assault, possession of a weapon, Murder or criminal menacing. It is important to have a New York Criminal Defense Attorney assist you with your case. Whether it’s a robbery or a criminal shoplifting charge, speak with a qualified lawyer from Elliot Adler P.C. for advice and a free consultation. We have service locations throughout New York City, including in Manhattan, Queens, the Bronx, Brooklyn and Staten Island. We also have locations in Westchester County, as well as Nassau County and Suffolk County on Long Island. Call us today at 212.785.1300.