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New York Criminal Mischief Charges Explained
By Spodek Law Group |
February 13, 2023
Last Updated on: 27th July 2023, 06:30 pm
Understanding Criminal Mischief in New York
Criminal mischief is a term used to describe the intentional damage of someone else’s property without their consent or a legitimate reason. In New York, this offense is considered a class A misdemeanor, which can result in a sentence of up to 364 days in jail and a permanent criminal record.
This crime is often seen in situations involving drunken altercations, domestic violence, and angry encounters on the street. When it comes to criminal mischief, the value of the damaged property is a critical factor. If the damage is over $250, it can be charged as a felony. There are four degrees of criminal mischief, with the first degree being the most serious.
Criminal Mischief Types and Penalties
Below are the types of criminal mischief and their corresponding penalties:
Criminal Mischief in the 4th Degree, PL § 145.00
- Property damage
- Misdemeanor
- Up to 364 days in jail
- Permanent criminal record
Criminal Mischief in the 3rd Degree, PL § 145.05
- Damage was over $250, were breaking into a car, or priors for criminal mischief
- Felony
- Up to 4 years in prison (if no prior felonies)
- Permanent criminal record
Criminal Mischief in the 2nd Degree, PL § 145.10
- Over $1,000 of property damage
- Felony
- Up to 7 years in prison (if no prior felonies)
- Permanent criminal record
Criminal Mischief in the 1st Degree, PL § 145.12
- Property damage due to an explosion
- Felony
- Up to 25 years in prison
- Permanent criminal record
If you or someone you know is under investigation or has been issued a Desk Appearance Ticket for criminal mischief, it’s crucial to seek legal representation as soon as possible. Without a proper defense, you could be facing oppressive consequences such as jail time, probation, fines, restitution, immigration consequences, and a permanent criminal conviction.
At Spodek Law Group, our criminal defense lawyer, Todd Spodek, has extensive experience in handling criminal mischief cases. We will work to understand the details of your arrest and ensure that your rights were properly respected during the investigation and arrest. Our defense effort will target the provability of the charges against you, obtain a copy of all the evidence and charges filed in court, and any legal defenses that you may have.
Contact Spodek Law Group for Legal Representation
Contact us immediately if you have been accused or issued a desk appearance ticket for criminal mischief. We handle cases involving damage to cars, cell phones, computers, furniture, buildings, personal property, broken windows, damaged city property, domestic violence, and property damage of any kind. Our attorney, Todd Spodek, will evaluate your case thoroughly and ensure that your rights are protected.
Understanding the Degrees of Criminal Mischief in New York
Criminal Mischief is a criminal offense in New York that refers to the intentional damage or destruction of someone else’s property without their permission. Although this crime can be charged as a misdemeanor, the penalties for a felony Criminal Mischief conviction are much more severe and can result in a significant impact on your life. Let’s explore the different degrees of Criminal Mischief in New York and what they entail.
Misdemeanor Criminal Mischief in the Fourth Degree: NY PL 145.00
While it may seem minor, Criminal Mischief in the Fourth Degree is a misdemeanor and can have serious consequences. This degree of Criminal Mischief is committed when an individual intentionally damages property of another without authority, regardless of how insignificant the damage may be. This can include something as small as etching your name into a mailbox or breaking a light bulb in the hallway of an apartment building.
Third Degree Criminal Mischief: Understanding NY Penal Law 145.05
Third Degree Criminal Mischief is a felony offense that allows prosecutors to “bump up” Fourth Degree Criminal Mischief charges in certain circumstances. The charge is based on the intentional damage caused to the property of another person without their permission, regardless of the type of property or how the damage occurred. If the damage exceeds $250, but is no greater than $1,500, you can be charged with Third Degree Criminal Mischief. This offense is a class “E” felony punishable by up to four years in state prison.
Second Degree Criminal Mischief: Understanding NY Penal Law 145.10
Second Degree Criminal Mischief is a class “D” felony and is charged when an individual intentionally damages the property of another person without their permission, and the damage exceeds $1,500 in value. If the District Attorney can prove beyond a reasonable doubt that you caused the damage, you can be sentenced to up to seven years in a New York State prison.
First Degree Criminal Mischief: Understanding NY Penal Law 145.12
First Degree Criminal Mischief is the most serious degree of Criminal Mischief and is rarely charged. It is charged when an individual uses an explosive to damage someone else’s property. The value of the damage is not relevant, but the manner in which the damage occurred is what determines the charge. NY Penal Law 145.15 is a class “B” felony punishable by up to twenty-five years in prison, and carries a mandatory minimum prison sentence.
Regardless of the degree of Criminal Mischief charges you are facing, it is crucial to have an experienced and knowledgeable criminal defense attorney on your side. At Spodek Law Group, our attorney Todd Spodek and his team of legal professionals have the skills and experience necessary to navigate the criminal justice system and establish a viable defense for your case. Don’t let a Criminal Mischief charge upend your life, contact us today to learn more about how we can help you.
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