New York Criminal Mischief Lawyer
In New York there is no crime in the penal law called "vandalism," yet it is the most common term we use when someone deliberately destroys the property of another person. Any New York Criminal Lawyer will tell you that when a person destroys property illegally in New York it's called Criminal Mischief. If you have been charged with Criminal Mischief you need a New York Criminal Mischief Lawyer. There are 4 levels of Criminal Mischief; the lowest is Criminal Mischief in the 4th degree, which is a misdemeanor. This covers any destruction of property for vandalism with a value up to $250.00. Vandalism often includes graffiti on walls, subway walls, etc. (It is a separate criminal charge if someone is caught with possession of graffiti tool). This is a misdemeanor and is punishable by up to one year in jail with the possibility of probation, community service and fines. The next level of criminal mischief is Criminal Mischief in the 3rd degree. This level is a felony. By definition this means that if you are convicted of a felony crime you face a minimum of a year and a day in prison. This covers destruction of property of over $250.00 and up to $1500.00 dollars. Criminal Mischief in the second degree is damage to property over $1500.00 and is a D felony. The final level of Criminal mischief is Criminal mischief in the 1st degree which is a B felony. This occurs when property is destroyed by use of explosive.
There are a variety of ways Criminal Mischief can occur. Very often it is involved with a "road rage" case. Very often in a "road rage" case someone cuts someone off or takes a parking spot away from another car and the next thing you know there is a heated dispute. As New York Criminal Lawyers who defend "road rage" cases we know that the following is a typical scenario. One party gets out of the car and starts yelling and kicks the other motorist's car and damage to the automobile ensues. Then the New York Police Department is called and the offending motorists arrested and charged with Criminal Mischief. Here's where the case gets unpredictable. The police show up and they arrest the offender, now they have to decide what Criminal Mischief to charge the arrested party. The police officer becomes an auto body damage estimator. Very often the police assume the damage is over $250.00 and charge the defendant with the felony.
Another problem these cases pose is that in most Offices of the District Attorney, they do not question estimates that are put forth by the complaining witnesses. This creates a problem as to what level of misdemeanor or felony is appropriate to charge the defendant. There is also a question as to the amount of money that needs to be paid if restitution is ultimately part of the disposition of the Criminal Mischief charge. On occasion these cases can result in much more serious outcomes, especially if the confrontation becomes physical. Criminal charges can be brought for Assault, Criminal Menacing, Possession of a weapon or even Manslaughter or Murder depending on what events occur. That's why it is so important to have a highly skilled and experienced New York Criminal Defense Attorney to handle your Criminal Mischief charge. That's why you need to contact the law firm of Stephen Bilkis and Associates and meet with one of the New York Criminal Lawyers and gain knowledge. The Law Firm offers a free consultation with one of our Lawyers. We have convenient locations throughout New York City including Brooklyn, Manhattan, Bronx, Queens, Westchester, including Yonkers and on Long Island including: Nassau County and Suffolk County.
For more information about criminal law and defending criminal cases please follow these links:
Long Island County Criminal Lawyer
Westchester County Criminal Lawyer