Attorney for Criminal Mischief Arrests

If you were arrested in Upstate New York for a Criminal Mischief offense, it’s in your best interest to exercise your right to remain silent and hire an experienced defense attorney. The Law Office of Andrew DeLuca defends those who are charged with property damage crimes across Upstate New York including Albany, Latham, Troy, Schenectady, Saratoga Springs, Glens Falls and the surrounding area.

Andrew DeLuca is an experienced criminal defense lawyer in Saratoga Springs who fights aggressively on behalf his clients to achieve the most favorable outcome possible.

Fill out our contact form or call us at 518-245-9109 for a free consultation with Mr. DeLuca.

Criminal Mischief in New York State

Damaging property that belongs to another person is known in the New York Penal Code as Criminal Mischief. While Criminal Mischief is most commonly associated with vandalism, the crime applies to several different kinds of property damage.

A person commits Criminal Mischief in the Fourth Degree in one of the following ways:

1. The intentional damages of the property of another person.

2. Intentionally participating in the destruction of an abandoned building.

3. Recklessly causing damage to property in excess of $250.

4. Intentionally disabling communications equipment (e.g.- cell phone) that another is trying to use to contact emergency services, such as the police.

Punishment for Criminal Mischief

Criminal Mischief in the Fourth Degree is a Class A Misdemeanor and can be punished with up to one year in jail. In the case that you have three prior convictions for Criminal Mischief within the last 10 years or that you damaged a locked car with the intent to steal you can be charged with Criminal Mischief in the Third Degree. This is a Class E Felony which can result in a four year prison sentence.

Criminal Mischief in the Second Degree, a Class D felony is charged when there is damaged property of over $1,500, which is punishable up to seven years in prison. The most serious charge of Criminal Mischief is in the First Degree, a Class B Felony. This is reserved for when someone is accused of using an explosive device in order to damage property. A prison sentence for this crime can reach up to 25 years.

Crimes Associated With Criminal Mischief in NY

Criminal Mischief is a property crime, typical offenses that are charged with it are as follows:

It is also a common charge for a domestic violence dispute. One can be charged with Criminal Mischief if they are accused of interfering with a person’s attempt to call the police.

Property Crimes Defense Lawyer

Criminal Mischief is a charge that should not be taken lightly. If you are not properly defended, it can result in brief to severe jail sentences. An experienced Capital Region criminal defense attorney will know what to look for in any allegation. For example, did the complaint explain how the property was damaged, what if the property was jointly owned, did you reasonably believe you had permission to damage the property, etc. There are just a few of many issues attorney Andrew DeLuca can explore when assessing the evidence of the charges against you.

Contact Andrew DeLuca today for a free consultation by filling out the form below or contacting us at 518-245-9109