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Criminal Mischief Attorney for New York City and Queens

If you were charged with Criminal Mischief in New York City including Queens, Manhattan, Brooklyn, or the Bronx, then contact an experienced criminal defense attorney at the Law Offices of Rochelle S. Berliner.

Queens NY Criminal Mischief Lawyer

We created this web page to provide you with general information about Criminal Mischief charges under New York law, including the possible penalties and punishments for a first, second, third, or fourth degree charge.

Types of Criminal Michief Charges in New York

Under the New Penal Law, the charges for "criminal mischief" are set out in Sections 145.00 - 145.12. Criminal Mischief is generally defined as intentionally causing damage to the “property of another” person. “Property of Another” includes all property in which another person has ownership interest, whether or not the person who damages such property also has an ownership interest in the property.

New York law classifies Criminal Mischief into different degrees, all, except for Criminal Mischief in the Fourth Degree, requiring a specific intent to damage property:

  • First-Degree Criminal Mischief — Class B non-violent felony (Penal Law § 145.12). Criminal Mischief in the First Degree specifically requires the prosecution to prove that the damages to another person’s property occurred as the result of the use of an explosive device.
  • Second-Degree Criminal Mischief — Class D non-violent felony (Penal Law §145.10). Criminal Mischief in the Second Degree occurs when the damage to the property of another person exceeds $1,500.
  • Third-Degree Criminal Mischief — Class E non-violent felony (Penal Law § 145.05). Criminal Mischief in the Third Degree will be charged if a defendant:
    • intentionally damages another person's property valued at over $250; or
    • damages another person's vehicle by breaking into his/her locked vehicle with the intent of stealing property from the vehicle; and when the defendant has been convicted three or more times within the previous 10 years of Criminal Mischief in any degree;
  • Fourth-Degree Criminal Mischief — Class A misdemeanor (Penal Law §145.00). A person will be charged with Criminal Mischief in the Fourth Degree when he/she:
    • intentionally damages the property of another person;
    • recklessly causes over $250 in damage to another person's property; or
    • prevents a person from communicating a request for emergency service by disabling communications equipment; or
    • intentionally participates in the destruction of an abandoned building.

Finding an Experienced Lawyer for a Criminal Mischief Charge in New York City

If you have been charged with criminal mischief in New York City, you will want to make sure that you have experienced legal counsel. Queens criminal defense attorney Rochelle S. Berliner can investigate the facts and circumstances of your particular case to develop the strongest possible defense.

With offices conveniently located in Queens, Law Office of Rochelle S. Berliner represents clients charged with criminal mischief and related property crimes in New York City including Queens, Manhattan, Brooklyn and the Bronx. Call 718-261-5600 or submit an online form right now to set up a free consultation that will allow Rochelle S. Berliner to review your case.

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Rochelle Berliner
Rochelle Berliner

Rochelle Berliner grew up in Queens, NY. She started New York Law School in January 1989 and graduated in June 1991. Immediately after law school, she started working at the New York County District Attorney’s Office, where she stayed for approximately 14 years...

  • National Police Accountability Project
  • National Association of Criminal Defense Lawyers
  • National Organization for the Reform of Marijuana Laws
  • New York State Association of Criminal Defense Lawyers
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