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Last Updated on: 1st August 2023, 01:29 am
Criminal mischief, also known as vandalism, in the state of New York is an offense when an individual purposefully defaces or destroys property that belongs to another person. Criminal mischief is a serious crime and it can result in an individual spending a long time in prison. If you are facing this charge, there are many things you need to know. This requires the assistance of a seasoned criminal mischief attorney. They can call you in for consultation and answer all of your questions.
A mischief charge can be reduced in some cases or even dismissed. A prosecutor is required to show intent. The prosecutor must also prove that the defendant had no reasonable right to damage the property. the three degrees of criminal mischief are first degree; second degree and third degree:
First degree means it has to be proven that you used explosives to damage the property. Regardless of the extent of the damage, the defendant will be charged with a Class D Non-Violent Felony.
Second degree means the defendant has damaged a person’s property in excess in $1,500. This is a Class D Non-Violent Felony.
Third degree is when a person has damaged property in excess of $250. They can also be found guilty if the broke into the property with the intent to steal. Also, if there is any degree of criminal mischief in the last 10 years, you will be charged with a Class E Non-Violent Felony.
Fourth degree conviction is when you willfully destroyed another person’s property. The extent of the damage is irrelevant, but the value must be at least $250. This is a Class A Misdemeanor that could have up to 1 year in jail added in.
There are mitigating factors that can have a direct influence on the outcome during prosecution. If there is an arrest for some type of domestic issue. If this is the case, the prosecutor will go after it far more aggressively. If the property is co-owned by the individual, that could also be a defense. But don’t count on it.
Another aspect of a criminal mischief prosecution is intent. This is something that must be proved in a court of law. Intent is the linchpin in establishing a person’s guilt. Even in cases where it seems a person wasn’t doing it out of malice, prosecutors will proceed.
Under the circumstances, you will need a defense attorney. There is no one size fit all defense that will work in every occasion. The defense will leave no stone unturned to present the best options. Regardless of your guilt, you still deserve your day in court. In some cases, the defense may be able to obtain a plea agreement. An experienced attorney will look at your situation to help you decide what is best. If you have a clean record, the stronger the odds that you will be able to get a plea deal. There are also times when the entire case can be dropped. But a lot will depend upon whether or not you have any previous convictions.
A criminal mischief charge will go on your record. The best thing to do is to find an experience attorney that will stand up and fight for you. Find a Queens lawyer that will formulate a defense for you. Call a defense attorney so that you can explore all of your options. Your attorney will need time to put together a good defense. Your attorney will be there for you from start to finish. Do not try to go this alone. Call up a lawyer for your free consultation today.
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