The act of damaging property that belongs to another person is known in the New York State Penal Law as “criminal mischief.” If you find yourself under arrest for criminal mischief, a skilled criminal defense lawyer at Konta Georges & Buza P.C. can help.
Our team of accomplished lawyers has extensive experience with a variety of property crime charges, including vandalism and other degrees of criminal mischief. They have successfully represented thousands of clients throughout the five boroughs of New York City. Whether you need a strong advocate in or out of court, they are ready to aggressively defend your interests.
Call us today at 212-710-5166 to arrange a free consultation with an attorney at our firm.
The degree of criminal mischief that a person commits depends on several factors. The most important factor is the cost to repair the damage. For example, if a person intentionally destroys someone’s computer and the damage is worth $200, then they are guilty of criminal mischief in the fourth degree. However, if it is worth $300, then they committed criminal mischief in the third degree.
The most basic form of criminal mischief is criminal mischief in the fourth degree, which is a class A misdemeanor punishable by up to one year in jail. A person commits criminal mischief in the fourth degree in one of four ways:
In all examples of criminal mischief, there is a legal requirement that the person did not have the right to destroy the property and did not have reasonable grounds to conclude that they had such a right.
Other degrees of criminal mischief involve situations such as the following:
With regard to anti-graffiti laws, it should come as no surprise that it is a crime to make “graffiti” in New York. In addition to anti-graffiti laws, it is also a crime to possess a “graffiti instrument.” The problem is that the graffiti statute is written rather vaguely. This means that many innocent people find themselves charged with this crime.
Pursuant to New York State Penal Law Section 145.60, it is a class A misdemeanor when a person etches, paints, covers, draws upon or otherwise places a mark on public or private property with the intent to damage the property. A person convicted of this crime may be sentenced to up to one year in jail if convicted of this crime.
There are many defenses for both criminal mischief and graffiti crimes. Our experienced attorneys can identify the best approach according to your circumstances. Contact our firm online or by phone at 212-710-5166 today to schedule a free consultation.
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