Property crimes include situations in which a person is accused of damaging the property of another without their consent. While “vandalism” typically comes to mind when thinking about property crimes, there are numerous crimes against property in the New York penal code, with the value of the property determining the severity of the penalty.
Whether you are facing a misdemeanor or felony vandalism charge, it is critical that you work with a qualified criminal defense attorney. Having a vandalism conviction on your record can severely affect your future, limiting your ability to earn a good income and look after your family. Our lawyers at Konta Georges & Buza P.C. work tirelessly to minimize the impact an arrest or conviction has on your life. As your advocate, they will explore all options available to secure the outcome you deserve.
Pursuant to New York’s vandalism laws, which are called “criminal mischief,” a person can be found guilty of criminal mischief in the fourth degree when he or she intentionally damages the property of another person and had “no right to do so nor did he have any reasonable ground to believe that he had such a right.”
This is a class A misdemeanor punishable by up to one year in jail. However, if the property damage exceeds $250, then the person is guilty of a criminal mischief in the third degree, a class E felony which is punishable by up to four years in jail. Penalties continue scaling up with the value of the property.
Call 212-710-5166 for a free consultation with an award-winning attorney.
One of the most contentious points in property crime litigation is that the value of the property is determined at the time the incident occurred, not the amount that the rightful owner paid for the property. Prosecutors and police officers tend to try to charge the highest possible crime when they can. At trial, the prosecution needs to prove that the property value at the time of the incident was as high as they claim it was.
A good defense attorney can rebut this claim in numerous ways, such as calling competent expert witnesses that can accurately value the property. This can lead to a dramatic reduction in charges.
Our firm handles the following types of property crimes:
Each of our lawyers has significant experience in handling these and other property crime offenses. Feel free to contact the firm online or by phone at 212-710-5166 for a free consultation if you or a loved one is accused of a property crime.
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