Criminal Mischief in the Second Degree, as defined by New York Penal Law § 145.10, is a serious criminal offense that can result in severe consequences for those convicted. This law applies to individuals who intentionally cause damage to property belonging to another person, and the damage exceeds a certain monetary value.
In this post, Eastcoastlaws.com will take a closer look at NY Penal Law § 145.10, its elements, and the penalties that may be imposed on those found guilty of this crime. We will also explore some common defenses to this charge, as well as the importance of seeking legal counsel if you have been accused of criminal mischief in the second degree.
Vandalism is when someone purposefully damages someone else’s property. Vandalism in New York is known as “criminal mischief.” The New York penal code lists 4 criminal mischief offenses. The specific criminal mischief charge you will receive if you vandalize someone else’s property will depend on a variety of things, including how much damage you really did to the property.
If you willfully destroy someone else’s property in excess of $1500, you could be charged with criminal mischief in the second degree under New York Penal Law 145.10.
New York Penal Law § 145.10: Criminal Mischief in the Second Degree
Criminal mischief in the second degree is committed when someone damages another person’s property with the intent to do so and does so in excess of $1500 while neither having the legal right to do so nor having any reason to believe that he does.
Related Post: CRIMINAL MISCHIEF IN NEW YORK
Sentence To Criminal Mischief In The Second Degree
Because criminal mischief in the second degree is a Class D felony, you could be sentenced to up to 7 years in state prison and face significant fines.
Defenses For Criminal Mischief In The Second Degree
Lack of intent and absence of harm exceeding $1500 are two crucial defenses to a charge of second-degree criminal mischief. If you did in fact cause damage to someone else’s property but it was an accident, you may be held civilly liable but shouldn’t be held criminally responsible. Additionally, the victim and the prosecutor will work to assign the highest value to the extent of the harm you are alleged to have caused. If you can prove that the damage was less than $1500, you have a strong defense against the second-degree criminal mischief allegation.
Hiring A New York Lawyer For Criminal Mischief in the Second-Degree Case
If you are facing charges of Criminal Mischief in the Second Degree in New York, it is important to hire an experienced criminal defense attorney to represent you. Here are some steps you can take to find a competent lawyer:
- Research potential attorneys: Start by researching criminal defense attorneys in your area who has experience with cases similar to yours. You can use online directories, and legal referral services, or ask for recommendations from friends or family members.
- Schedule consultations: Once you have a list of potential attorneys, schedule consultations with them to discuss your case. During the consultation, ask about their experience handling criminal mischief cases, their strategy for defending you, and their fees.
- Check their credentials: Make sure the attorney you choose is licensed to practice law in New York and has a good reputation. Check their disciplinary record with the New York State Bar Association to ensure they have not faced any disciplinary actions.
- Review their track record: Look into the attorney’s success rate with cases similar to yours. You can ask for references or check online reviews from former clients.
- Consider their communication style: Choose an attorney who is responsive and communicates clearly with you throughout the case. You should feel comfortable asking questions and discussing your concerns with your attorney.
Remember, Criminal Mischief in the Second Degree is a serious charge, and the consequences can be severe. Hiring an experienced and competent criminal defense attorney is crucial to ensure the best possible outcome for your case.
