If you have been charged with criminal mischief, you need to work with a lawyer right away. You could be facing serious penalties for these actions. With his extensive legal background, considerable courtroom experience, and an impressive record of success on behalf of his clients, attorney Gianni Karmily offers the effective, high-quality legal defense that you will need if you are facing a criminal mischief charge.
According to New York State law, an individual can be found guilty of criminal mischief in the third degree when, with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he or she has such right, he or she:
1. Damages the motor vehicle of another person, by breaking into such vehicle when it is locked with the intent of stealing property, and within the previous ten year period, has been convicted three or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of criminal mischief in the fourth degree, criminal mischief in the third degree, criminal mischief in the second degree, or criminal mischief in the first degree; or
2. Damages property of another person in an amount exceeding two hundred fifty dollars.
Remember that a criminal mischief charge can have potentially serious consequences, especially without the help of a Hempstead criminal defense lawyer. If you or a loved one have been charged with criminal mischief, schedule a free, no obligation consultation with a criminal defense attorney as soon as possible. You don’t want to run the risk of facing the most serious penalties possible for this charge.
Is Third Degree Criminal Mischief A Felony?
According to New York Penal Code § 145.05, criminal mischief in the third degree is classified as a class E felony. If a person with prior criminal mischief convictions breaks into a car and damages it, they can be charged with criminal mischief in the third degree. Most commonly, criminal mischief in the third degree occurs when someone damages another person’s property worth more than $250. There must be classifiable intent in order to be found guilty. The intent does not need to be explicit; meaning that intent can be constituted as a consequence of a person’s actions.
What Are The Penalties For Criminal Mischief In The Third Degree?
If you are charged with criminal mischief in the third degree in New York. This can lead to a sentencing of up to four years in a correctional facility.
Third-degree criminal mischief can be a standalone charge, such as damaging a building while tagging it with graffiti, or can be a joint charge with other related crimes, such as assault or robbery. For example, if someone breaks into a locked car to steal a cellphone inside, they can be charged with both burglary and criminal mischief in the third degree for the damage to the vehicle. It is important to note that neither action within these examples is warranted; the graffiti artist and the thief do not have a reasonable right to do what they are doing. It must be proven that you have no grounds to inflict the damage in order to be guilty of criminal mischief in the third degree.
What Should I Do If I’ve Been Charged With Criminal Mischief In The Third Degree?
If you have been charged with criminal mischief in the third degree in Nassau County, Long Island or elsewhere in New York, consult with a criminal defense lawyer immediately. Oftentimes people will attempt to resolve issues with authorities themselves, potentially making matters worse. A criminal defense lawyer will be able to review the charge and use their experience to strategize effectively on your behalf, whether that means to challenge the intent to inflict damage, or the value of the damaged property. This is a serious charge that can impact other facets of your life. Call today for a consultation.
Schedule A Free Criminal Case Evaluation With A Hempstead Criminal Defense Lawyer Right Away
To convict any defendant of a crime – in New York or in any other state – the prosecution must prove “beyond a reasonable doubt” that the defendant is guilty as charged. The defenses that are typically offered against most criminal charges include that someone else committed the crime, the crime never occurred in the first place, the crime was in self-defense, and more.
You need the help of a sharp, hard working criminal defense attorney who will work tirelessly to reduce your penalties and fight for the justice you deserve.