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New York Criminal Mischief Lawyer

March 21, 2024 Uncategorized

New York Criminal Mischief Lawyer

Hey there! If you’ve been charged with criminal mischief in New York, you’re probably feeling worried and looking for help. Don’t stress – I’m here to walk you through what criminal mischief is, what the penalties are, and how a good lawyer can help defend your rights. I know this can be scary, but you’ve got this!

What is Criminal Mischief in New York?

Criminal mischief laws make it illegal to intentionally damage someone else’s property without permission. There are a few degrees of criminal mischief charges in New York:

  • Criminal mischief in the fourth degree is a misdemeanor. This is for less than $250 of damage.
  • Criminal mischief in the third degree is a misdemeanor. This is for $250 to $1500 of damage.
  • Criminal mischief in the second degree is a felony. This is for $1500 to $50,000 of damage.
  • Criminal mischief in the first degree is a felony. This is for over $50,000 of damage, or damage to public property like a school, place of worship, or public transportation system.

Some examples of criminal mischief are smashing windows, spray painting a building, slashing tires, destroying landscaping, or messing with someone’s car. Basically it covers any kind of intentional property damage. Here’s a detailed breakdown of New York’s criminal mischief laws.

What Are the Penalties for Criminal Mischief in New York?

The penalties for criminal mischief depend on the degree of the charge:

  • Fourth degree is up to 1 year in jail.
  • Third degree is up to 1 year in jail.
  • Second degree is 2 to 7 years in prison.
  • First degree is 3 to 8 years in prison.

All criminal mischief charges also come with fines up to $5000 or more. Felony charges can result in a permanent criminal record that hurts job and housing prospects. So these charges are serious business!

What Are Some Common Defenses for Criminal Mischief?

A skilled New York criminal defense lawyer can help raise reasonable doubts about the prosecution’s case using defenses like:

  • You didn’t do it – Mistaken identity or lack of solid evidence you committed the crime.
  • No intent – The damage was a pure accident, not intentional.
  • Rightful owner – You had permission or the right to damage the property.
  • Necessity – You had to damage the property to prevent a greater harm.
  • Intoxication – You were too impaired to form intent.
  • Mental illness – You were having an episode and unable to control your actions.

A good criminal mischief lawyer will thoroughly investigate your case to build the strongest defense. For example, they may find witnesses who saw someone else do it, or security footage that proves your innocence.

Why Do You Need an Experienced Criminal Mischief Lawyer?

Trying to navigate the criminal justice system alone can be overwhelming. An experienced New York criminal mischief attorney can help by:

  • Conducting an independent investigation of your case.
  • Negotiating with the prosecutor for charge reductions or dismissal.
  • Advocating for you in court hearings.
  • Raising solid defenses like those mentioned above.
  • Guiding you through the legal process and protecting your rights.
  • Avoiding or minimizing penalties like jail time and fines.

Having a knowledgeable lawyer in your corner makes a huge difference. Many criminal charges come down to your lawyer’s ability to raise reasonable doubt and negotiate effectively. So don’t go it alone!

How to Find the Best Criminal Mischief Lawyer in New York

Not all lawyers are equal – you want someone who knows New York criminal law inside out. Here are tips for finding the best criminal mischief attorney:

  • Look for 5+ years of experience specifically handling criminal mischief cases.
  • Find someone familiar with your courthouse, judges, and prosecutors.
  • Ask about their track record getting charges reduced or dismissed.
  • Make sure they have resources to conduct in-depth investigations.
  • Choose a lawyer you feel comfortable with and who listens to you.
  • Avoid lawyers who pressure you to plead guilty or overpromise.

I’d be happy to chat with you about your case if you’re looking for guidance. I’ve helped many people in New York beat criminal mischief charges and I may be able to help you too. Give me a call to go over the details of your situation.

Remember – having an experienced criminal mischief lawyer makes all the difference. The legal system is complicated, but you have rights. Don’t lose hope. With the right attorney fighting for you, we can get through this together.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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