Last Updated on: 17th October 2023, 10:57 pm

Queens Criminal Mischief Lawyers: Your Guide to Fighting Charges

If you’ve been charged with criminal mischief in Queens, New York, you’re probably feeling scared, overwhelmed, and unsure of what to do next. Don’t worry – you’re not alone. Thousands of people face misdemeanor and felony criminal mischief charges in Queens every year.

The good news is that with the right Queens criminal defense lawyer on your side, you can fight the charges and work to get the best possible outcome in your case. This article will walk you through everything you need to know about Queens criminal mischief charges, potential defenses, and how an experienced lawyer can help.

Common Defenses Against Criminal Mischief

The good news is that experienced Queens criminal mischief lawyers know how to fight these charges. Some potential defenses include:

• You didn’t do it – If you have an alibi or can raise doubt it was you, the charges can be beat
• Lack of intent – The prosecution must prove you intentionally damaged property. If it was an accident, you may not be liable.
• Intoxication – Being extremely drunk or high could negate the intent required for conviction in some cases.
• Mental illness – Having a mental disability could mean you didn’t fully understand your actions.
• Self-defense – Damaging property to protect yourself or others may justify your actions.
• Necessity – You damaged property out of necessity – for example, breaking a window to save someone inside a locked car.
• Mistaken ownership – You mistakenly thought the property was yours or you had permission to damage it.
• Improper police conduct – If police violated your rights, evidence may be suppressed.

An attorney can review the details of your case and decide which defenses are viable. Often, effective defense involves negotiating with the prosecution or taking the case to trial if necessary.

What to Expect at Your First Court Appearance

After getting arrested for criminal mischief, you’ll be given a desk appearance ticket (DAT) or held for arraignment. Arraignment is your first court hearing where you’re formally charged and can enter a plea.

It’s crucial to have your lawyer present at arraignment. They’ll advise you on pleading not guilty, request bail/release conditions, and start demanding evidence from the prosecution through the discovery process. Entering a guilty plea at arraignment without consulting an attorney should never be done.

Some things to expect at your first court date:

• The charges against you will be read
• You’ll be asked to enter a plea of guilty, not guilty, or no contest
• Your bail amount/release conditions will be set
• A future court date will be scheduled to continue the case

Having a lawyer ensures your rights are protected and you get through this initial hearing smoothly.

The Importance of Making Bail

After arraignment, the judge will decide whether to release you on your own recognizance or set bail. Bail is money paid to the court to ensure you show up for future court dates. Queens judges typically set bail between $1,000-$5,000 for misdemeanor criminal mischief and up to $100,000+ for felonies.

Coming up with bail money can be extremely difficult for many people. A dedicated lawyer will argue for the lowest bail or your release on recognizance. They may also be able to get the bail amount reduced through a bail hearing.

If you can’t afford bail, you’ll be held in jail until your case resolves. This can take months or even years. Time in jail will also make it much harder to fight your case and coordinate with your lawyer.

Everything becomes exponentially more challenging when you’re behind bars. That’s why posting bail or negotiating your release without bail is so important.

Plea Bargaining and Negotiating with the DA

Over 90% of criminal cases end in plea bargains rather than trials. Your lawyer will negotiate aggressively with the District Attorney’s office to get charges reduced or dismissed through a plea deal. This involves back-and-forth discussions where your lawyer argues why the charges should be dropped or lowered.

Some potential plea bargains include:

• Reduced Charges – Pleading to a lesser misdemeanor rather than felony
• Probation – Pleading guilty in return for probation rather than jail time
• Conditional Discharge – Charges dropped after fulfilling conditions like community service
• Restitution – Paying for damages instead of further punishment

An experienced negotiator can often convince prosecutors to offer favorable deals that avoid harsh penalties. But if they won’t budge, taking the case to trial is the next option.

Taking Your Case to Trial

If plea negotiations fail and the prosecution won’t dismiss or reduce charges, your criminal mischief charges will head to trial. Your lawyer’s job is to fight for a not guilty verdict before the judge or jury.

Steps in taking a case to trial include:

• Selecting a jury (or opting for a bench trial)
• Making opening statements
• Questioning prosecution witnesses on cross-examination
• Raising objections to improper prosecution evidence/arguments
• Presenting defense witnesses and evidence
• Making closing arguments highlighting reasonable doubt

Your lawyer will vigorously question all prosecution evidence and witnesses. If they can raise doubts in the jury’s mind, you could be found not guilty despite the charges against you.