Being charged with or accused of criminal mischief is a major matter and one that should always be discussed directly with a Brooklyn criminal mischief lawyer who has a track record of successfully handling these cases for other accused individuals.
Criminal mischief in the fourth degree is outlined under New York Penal Law 145.00 and is the most commonly assessed property damage crime in New York City and surrounding areas. However, many people make the mistake that because it sounds innocuous, that it is not a serious crime. However, this is one of the most serious property crimes that you can be accused of and you could be spending as much as 25 years in prison if you are convicted.
The misdemeanor crime of criminal mischief is the least significant, but if the police or the prosecutors argue that the conduct carried out through this was intentional, instead of reckless, and in situations in which the alleged property damage is beyond $250, you could be looking at felony charges in the third degree for criminal mischief. It does not matter whether you are given a desk appearance ticket or charged with a misdemeanor. If the prosecutors believe the evidence is viable and that they can show beyond a reasonable doubt that you committed the crime, the offense can be elevated to felony status and carry significant consequences.
A criminal mischief lawyer in Brooklyn can help you no matter the stakes involved, because knowing that you have someone in your corner is beneficial whether you are looking at misdemeanor or felony allegations of any type. Knowing what you have ahead of you is valuable so that your lawyer can put together a defense strategy that works. If you are charged with supplementary crimes like criminal trespass, you need a lawyer who will look at the big picture.
Defining Criminal MischiefAs the most commonly charged crime, criminal mischief in the fourth degree involves the intentional damaging of another individual's property. There are no monetary thresholds to be accused with this misdemeanor crime. However, felony charges may be assessed in cases involving excess of $250 in damages. Whether the damage is $100 or $1, as long as you did not have permission to do what you did, you could still be accused of criminal mischief.
There are several different factors in criminal mischief allegations in Brooklyn that can have a direct impact on the outcome of your case. The first is whether or not you choose to hire a criminal mischief defense attorney. The right criminal mischief defense attorney in Brooklyn can help to evaluate your case and find situations in which your rights may have been violated or in which you need to take the action to protect yourself immediately due to the weaknesses in the prosecution's evidence. If the crime is committed in a domestic violence context, for example, it is unlikely that you will receive a desk appearance ticket.
An arrest could be required and the DA's Office will pursue this in a more aggressive manner. If the accused person owns property or shares ownership, this could be pursued as a defense with the help of your Brooklyn criminal mischief defense attorney. The crime itself is based on one's lack of a right to damage such as property. But if the ownership is shared or if it was purchased by the accused individual, your criminal mischief defense attorney in Brooklyn can use this as a viable defense and argue that you should not have been arrested or charged. The majority of criminal mischief arrests in Brooklyn, however, are not associated with domestic violence. Many may involve graffiti, which is outlined under PL 145.00(2): the intentional participation in the destruction of an abandoned building.
The potential to be arrested for criminal mischief might seem harmless, however, it could destroy your livelihood, career, and future if you are arrested and convicted of this crime. Simply put, you cannot afford to allow this situation to happen without getting the insight necessary and valuable, provided by a knowledgeable criminal defense attorney. You have many things to worry about in the wake of being accused but you should not allow too much time to pass because your ability to successfully defend against this crime depends on the attorney you have and how quickly he or she takes action.