Felony Criminal Mischief
The misdemeanor crime of Criminal Mischief is likely committed when you merely etch your name into a mailbox or break a light bulb in a store front. The felony crimes relating to Criminal Mischief in New York, however, are significantly more serious than the misdemeanor offense of New York Penal Law 145.00. Fortunately, however, it is possible in some circumstances to receive a Criminal Mischief Desk Appearance for low level felony Criminal Mischief arrests.
Although New York criminal lawyers experienced in Criminal Mischief crimes cannot just make the allegations disappear, those same attorneys should have the ability to navigate the criminal justice system, explain the law to you and establish a viable defense.Criminal Mischief in the Third Degree - New York Penal Law 145.05
While Criminal Mischief in the Third Degree allows prosecutors to "bump up" the Fourth Degree offense to a Third Degree crime in certain circumstances, the important provision of this section is as follows:
Pursuant to New York Penal Law 145.05(2), if you intentionally damage property of another as described above and the damage exceeds $250, but is no greater than $5,000, then you are guilty of this crime.
NY Penal Law section 145.05 is an "E" felony punishable by up to four years in state prison.Criminal Mischief in the Second Degree - New York Penal Law 145.10
Like the lower level offenses, the language of Criminal Mischief in the Second Degree is the same. That is, if you damage the property of another without permission or authority, you are guilty of this crime. If that damage exceeds $5,000 in value, you are guilty of this offense.
NY Penal Law section 145.10 is a "D" felony punishable by up to seven years in state prison.Criminal Mischief in the First Degree - New York Penal Law 145.12
Criminal mischief in the First Degree is the most serious offense, but the one that is rarely charged. The value of the damage is not relevant to this offense. If, however, you use an explosive to damage someone's property, you would face this crime.
NY Penal Law section 145.15 is a "B" felony punishable by up to twenty five years in prison.
A wealth of material on New York property crimes including Criminal Mischief and Making Graffiti is available on Crotty Saland PC website or the New York Criminal Lawyer Blog. The latter contains a significant amount of information from analysis of legal decisions and cases in the news to a review of statutes and laws.
Founded by two New York criminal defense attorneys who served as prosecutors in the Manhattan District Attorney's Office, Crotty Saland PC represents the accused of property and property damage crimes throughout New York City and the area.
Call us at (212) 312-7129 or contact us online today.