Felony Criminal Mischeif

[Eachan]

What is the new york state law on vandalism. What are the terms of felony criminal mischief in regards to personal property? What does it take to be charged with a misdeomeanor? What does felony criminal mischief mean, in relation to punishment etc, as well as does that mean you have to fill out  I am a felon now, and is there any such thing as conspiracy to commit felony criminal mishcief?

[Fitzwilliam]

Dear Nana,

Here are the statutes from New York State.  They are complete and self-explanatory.  Please read through them to see what pertains to your or someone else's situation if you are asking on their behalf.

There is a charge of conspiracy to commit felony criminal mischief and I believe the punishment is the same as the grading of the actual mischief committed or planned.

********************************************

NY Criminal Mischief Laws & Penalties:

Criminal Mischief in the First Degree – 145.12:

In order to prove that an individual is guilty of Criminal Mischief in the First(1st) Degree, it must be established that the individual "damaged property of another person by means of an explosive".(no matter what the extent of the damage)

1st Degree Criminal Mischief is a Class B Non-Violent Felony according to Section 145.12 of the New York Penal law.

Criminal Mischief in the Second Degree –145.10:

In order to prove that an individual is guilty of Criminal Mischief in the Second(2nd) Degree, it must be established that the individual:   1. Damages property of another person, and;   2. the value of which exceeds $1,500.

2nd Degree Criminal Mischief is a Class D Non-Violent Felony according to Section 145.10 of the New York Penal law.

Criminal Mischief in the Third Degree -145.05:

In order to prove that an individual is guilty of Criminal Mischief in the Third Degree, it must be established that the individual:   1. damages the property of another person, and;   2. the value of which exceeds $250.

OR   1. damages someone’s car, by breaking into such vehicle,   2. when the car is locked,   3. with the intent of stealing property, and   4. the defendant has been convicted of any degree of criminal mischief three or more separate times during the previous ten years.

3rd Degree Criminal Mischief is a Class E Non-Violent Felony according to Section 145.05 of the New York Penal law.

Criminal Mischief in the Fourth Degree -145.00:

In order to prove that an individual is guilty of Criminal Mischief in the Fourth Degree, it must be established that the individual:   1. Intentionally damages someone else’s property,(no matter the extent of the damage), or   2. Intentionally participates in the destruction of an abandoned building, or   3. Recklessly damages property of another person in an amount exceeding $250.

4th Degree Criminal Mischief is a Class A Misdemeanor according to Section 145.00 of the New York Penal law. A class A misdemeanor has a maximum penalty of up to 1 year in jail.      

*********************************

As with any other information provided please consult a licensed attorney practicing NY law to validate this information or to base any or all of your decisions upon.

I hope this information serves you well.  Good luck.

JP