Like the two lower level offenses, the language of Criminal Mischief in the Second Degree is the same. Second Degree Criminal Mischief: Understanding NY Penal Law 145.10 Fortunately, assuming you are not a predicate felon, mandatory incarceration is not required and your criminal lawyer may be able to secure a non-jail sentence for you if your defenses to the substantive crime are unsuccessful or unavailable. NY Penal Law section 145.05 is an "E" felony punishable by up to four years in state prison, but a judge can sentence you to as little (or as long) as one year “city time” on Rikers Island if you are prosecuted in New York City or “county time” if your offense occurred in one of the Hudson Valley’s numerous counties including Westchester, Dutchess, Putnam and Rockland. Pursuant to New York Penal Law 145.05(2), Third Degree Criminal Mischief, if you intentionally damage property of another as described above and the damage exceeds $250, but is no greater than $1,500, then you are guilty of this crime. It is irrelevant what that property is – a car, painting, cell phone – and how it occurred – smashing that cell phone on the ground, poking a hole in the painting’s canvas, or “keying” the passenger side vehicle door. 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 relates to the damage you are alleged to have intentionally caused to the property of another person without permission. Third Degree Criminal Mischief: Understanding NY Penal Law 145.05 Armed with knowledge and the right counsel, what may have initially seemed as insurmountable to you, may soon give way to a far brighter end.
New York Domestic Violence Arrest, Crimes & LawsĪlthough New York criminal lawyers experienced in Criminal Mischief crimes cannot just make allegations disappear with a snap of the fingers, those same attorneys should have the ability to navigate the criminal justice system, explain the law to you and establish a viable defense after examining the evidence, or lack of evidence, in your criminal case.Making Graffiti: New York Penal Law 145.60.Misdemeanor Criminal Mischief in the Fourth Degree: NY PL 145.00.The felony offenses relating to Criminal Mischief in New York, however, are significantly more serious than the misdemeanor of Fourth Degree Criminal Mischief, New York Penal Law 145.00. In other words, if you intentionally damage property of another without authority, no matter how insignificant, you are guilty of a crime. The misdemeanor crime of Criminal Mischief is committed when you merely intentionally etch your name into a mailbox or break a light bulb in the hallway of an apartment building.
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