Criminal mischief refers to the act of damaging property belonging to another person. Under New York jurisdiction, this crime includes destruction of property and vandalism. The criminal offense has four classifications, with the methods of destruction as one of the determining factors for the severity of the charge.
In spite of the light implication of “mischief,” the charge is a serious offense. If you are accused of such a crime, you need an experienced criminal defense lawyer to represent you and protect your rights.
Criminal Mischief in the First Degree
This involves the destruction of another person’s property with the use of an explosive. Considered a Class B felony, you can serve up to 25 years in jail once proven guilty.
Criminal Mischief in the Second Degree
You may be convicted with this if you have the intent to damage someone else’s property and the destruction you caused is valued at $1,500 and above.
The charge is a Class D felony and you may serve up to seven years in prison.
Criminal Mischief in the Third Degree
To prove guilt, the intent to incur damage to someone else’s property must exist and the prosecution must establish that:
- You have had three or more convictions of criminal mischief
- The value of the damage is $250 and above
This is a Class E felony and you may serve up to four years in prison.
Criminal Mischief in the Fourth Degree
If you are accused of this offense, the prosecution must establish that you:
- Incurred damage of $250 and above
- Intentionally participated in the destruction of someone else’s property or an abandoned building
This is a Class A misdemeanor and carries a sentence of up to one year in jail.
As a former prosecutor, I have a unique background and insight into criminal courts in the state. I can predict the actions of the opposing side and use it to build a strong, tailored defense for you.
Don’t hesitate to call Olivier E. Roche, Esq. today for a free 15-minute consultation.
