If you have been arrested for criminal mischief in New York, request a free consultation with our Rochester criminal defense attorney at King Law today.Criminal mischief is one of several crimes in New York Penal Law that is designed to punish those who damage the property of another person. The police may misconstrue valid self-defense as an act of aggression and charge you. Self-defense – It is not a crime if you damage property in the course of reasonable self-defense.However, an attorney can fight to lower the charges and penalties you are facing. The DA and plaintiff will typically attempt to aggregate separate incidents or use inflated estimates, to obtain a more severe charge. The dollar value of the damages can drastically change the penalties a defendant faces. Amount of damage – In some cases, the dollar amount of damages is in question, not the fault of the defendant.Therefore, a defendant can claim that the damage was done unintentionally, especially if the individual had consent from the property owner for certain acts. Not intentional – The most important element of criminal mischief is determining whether or not the alleged offender damaged the property intentionally.A lawyer will attempt to show the prosecution and jury that the defendant was not the actual person who committed the act, commonly by introducing an alibi whenever possible or questioning witnesses. Individuals can be mistakenly identified on surveillance footage, or they match the description of someone else who was reportedly caught defacing property. False identity – Criminal mischief charges often arise due to the false identification of a suspect.There are numerous defenses available that your attorney can use to contest a criminal defense charge, potentially resulting in the most favorable outcome possible.Ĭommon defenses to criminal mischief include the following: Your lawyer can defend your constitutional rights, investigate your arrest, and prepare for trial. If you have been charged with criminal mischief, it is imperative to retain experienced legal counsel from a qualified criminal defense attorney. On the other side of the spectrum, criminal mischief in the first degree (the highest charge) is a Class B non-violent felony, resulting in a maximum prison sentence of 25 years. For a misdemeanor conviction you could face one year in jail and a $1,000 fine.
Criminal mischief can be charged from a Class A misdemeanor up to a Class B non-violent felony. 4 Steps to File a Claim for Camp Lejeune Water ContaminationĬriminal Mischief: How To Beat Your Chargesīy King Law IS CRIMINAL MISCHIEF A MISDEMEANOR?Ĭriminal mischief is a serious crime that is associated with harsh penalties.
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