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What you need to know about Criminal Mischief law in New york

criminal mischief
Criminal Mischief, in simple terms, is ruining someone else’ s property. It can be characterized...

Criminal Mischief, in simple terms, is ruining someone else’ s property. It can be characterized under Misdemeanor of Felony depending upon the severity of the damage, which usually leads to jail time and fines. Contact the King Law attorney in New York to get a detailed evaluation of your case.

 

What are the elements to look for in a Criminal Mischief case?

 

– The Prosecution of this crime must be beyond a reasonable doubt.

– The defendant maliciously and willfully damaged the property

-Property belongs to the victim

– Defendant damaged the property

 

Based on the value behind the damage, Criminal Mischief falls under the category.

 

First Degree Misdemeanor

 

If the defendant has damaged the property worth between $200-$1000, it is considered a misdemeanor of the first degree and is punished for one year in jail.

 

Second Degree Misdemeanor

 

If the defendant has damaged the property worth upto $200, the defendant has to face 60 days in jail.

 

Third Degree Felony 

 

If the defendant damages property worth more than $1000, then punishment leads to upto five years in jail.

 

So whether the damage falls in the Misdemeanor or Felony is according to the value of Damage.

If you were previously convicted or charged for Felony and you are now facing another felony within the time frame of a couple of years, you would be labeled as a habitual felony offender.

 

This offense of being a Habitual Felony offender would lead to doubling of the sentence and may sometimes lead to life imprisonment without Parole.

 

Difference between Parole and Probation

 

Parole and Probation are often confused as the same, but both serve different purposes under different conditions.

 

After serving a specific sentence period, the defendant may be considered for Parole by assessing the conduct. In comparison, Probation is considered in some instances instead of jail time or if the prison sentence is suspended.

 

During the Parole and Probation periods, the defendant is supposed to follow the terms of the release. It can be as simple as attending a job, joining a Rehab, and most importantly, not falling for any criminal activity.

 

How does a lawyer help in a Criminal Mischief case?

 

– The lawyer would first check and question if the damage was accidental or intentional.

– The victim is the sole property owner or if the property is co-owned.

– If there is an acceptable justification for the defendant’s conduct.

– If the damage is because of the defendant’s conduct.

 

To conclude, hiring a lawyer is of utmost importance since one wrong step is riskier to take in legal matters.

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