CRIMINAL MISCHIEF LAWYER
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Criminal mischief, interpreted in other words, is an act of intentional damage to private property of another subject. Property damage in the legal system is understood as any derogation from the property rights and personal rights protected by the criminal law, which devalues property benefit or entails material (property) losses towards the victim (property owner).
CRIMINAL MISCHIEF: NYS
The current legislation of the New York State, as it was throughout the history and evolution of the state, recognizes and confirms the right of a person to own private property. And since this right is given to a person, the state undertakes obligations to protect it. Since only a person who owns property has the legal and personal right to dispose of it in such a way he or she likes. Including damaging it and destroying it at will. Any other person, intentionally or unintentionally, damaging someone else’s private property will incur a punishment established by legislative acts.
CRIMINAL MISCHIEF, 5TH DEGREE
In contrast with some other states, NY State Penal Code has four complete degrees concerning criminal mischief crime. So, do not be misled by the information about the fifth degree, which exists nor in practice neither in theory.
CRIMINAL MISCHIEF, 4TH DEGREE, NY
A subject will be guilty and charged with the criminal mischief in the fourth degree if he/she:
1. Committing intentional damage to the property of another person; or
2. Takes a part in the intentional destruction of a building which is abandoned (section 1971 of the Real Property Actions and Proceedings Law); or
3. Commits Reckless property damage of another person, which contains the value of more than two hundred fifty dollars; or
4. Intentionally prevents another person to make an emergency assistance request and while doing that act removes or disables TTY, telephonic or related communication sending equipment. Besides that, another person should be in the process of:
(a) attempts to seek or is being in the process of getting emergency assistance from medical or fire services personnel, law enforcement or police;
(b) attempts to seek or is being in the process of seeking emergency assistance from another subject or entity to get the protection of himself or herself, or the third subject from forthcoming physical injury.
According to NYS Penal Law, such a crime regarded as a class A misdemeanor.
3RD-DEGREE CRIMINAL MISCHIEF, NY
A subject will be guilty and charged with the criminal mischief in the 3rd degree if he/she:
1. commits a motor vehicle damage of another subject, by penetrating into the vehicle when it is locked, while having the intent to steal the property, and within the space of past ten year period, has been charged three or more times, in separate criminal acts for which sentence was enforced in different instances, of criminal mischief in the fourth, third, second or criminal mischief in the first degree in accordance with NY consolidated laws; or
2. commits property damage of another person which contains the value of more than two hundred fifty dollars.
According to NYS Penal Law, such a crime regarded as a class E felony.
CRIMINAL MISCHIEF, 2ND DEGREE
A subject will be guilty and charged with the criminal mischief in the 2nd degree if he/she: commits property damage of another person which contains the value of more than one thousand five hundred dollars.
According to NYS Penal Law, such a crime regarded as a class D felony.
CRIMINAL MISCHIEF, 1ST DEGREE
A subject will be guilty and charged with the criminal mischief in the 1st degree if he/she commits property damage of another person by an explosive means.
According to NYS Penal Law, such a crime regarded as a class B felony.
