Criminal Mischief in the First Degree

The other common scenario often involves feuding partners or a fight between lovers.  Although it's easy to let your temper get the best of you, that could result in severe criminal charges against you.


When you break your lovers stuff, you could be charged with criminal mischief.  When you key your cheating boyfriend's BMW, you could be charged with a felony and serve over a year in jail!  When you burn your ex-wife's favorite belongings on the fire escape, you could go to jail!


If you are charged with Criminal Mischief in New York you need a passionate lawyer to help you achieve justice.  Read more below for specific information for each criminal mischief charge under New York law.     

Criminal Mischief Graffiti NYC

Criminal Mischief

Criminal Mischief in the Second Degree is a felony.  A person is guilty of criminal mischief in the second degree when, having no right to do so nor any reasonable ground to believe that he or she has such right, he or she intentionally damages property of another person in an amount exceeding $1000.00. 

Criminal Mischief in the Third Degree

In New York State, a person is guilty of criminal mischief when, having no right to do so, they intentionally damage property of another person.  The severity of the crime is judged by the value of the property destroyed, or by the use of an explosive.  Criminal mischief can also involve destroying a cell phone or other communication device when the person is trying to use the device to call for help.  Criminal Mischief in New York is either a misdemeanor or a felony.


There are two common scenarios that often lead to a criminal mischief arrest in New York City.  The first is graffiti street art.  The second involves feuding partners and spouses.


The making of graffiti and street art is part of the culture of lower Manhattan, and is pervasive across all five boroughs.  Some of the greatest artists on earth are right here in NYC choosing to use spray paint over oil paints.  However, making graffiti and street art is illegal under several New York laws.  First, under section 145.00 of the NY Penal Law, it is illegal to damage another persons property.  The making of graffiti and street art involves the application of paint to another persons property and this creates damage to the property.  Second, under section 145.60, the making of graffiti is specifically prohibited.

 


 

Criminal Mischief in the First Degree is a felony.  A person is guilty of criminal mischief in the first degree when, having no right to do so nor any reasonable ground to believe that he or she has such right, he or she intentionally damages property of another person with an explosive

Criminal Mischief in the Fourth Degree

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Criminal Mischief in the Fourth Degree is a misdemeanor.  A person is guilty of criminal mischief in the fourth degree when, having no right to do so nor any reasonable ground to believe that he or she has such right, he or she intentionally damages property of another person in an amount not exceeding $250.00. 

What is Criminal Mischief in New York?

Criminal Mischief in the Second Degree

Criminal Mischief in the Third Degree is a felony.  A person is guilty of criminal mischief in the third degree when, having no right to do so nor any reasonable ground to believe that he or she has such right, he or she intentionally damages property of another person in an amount exceeding $250.00. Criminal mischief in the third degree also involves breaking into a locked car with the intent to steal something inside the car.