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Toll Free: 888-915-7333
If you are not a U.S. citizen and are involved in the destruction or vandalism of property, and police charge you with criminal mischief, call our office immediately.
Misdemeanor (4th degree) criminal mischief is defined under the New York Penal Law as intentionally damaging the property of another or recklessly damaging the property of another in the amount exceeding $250.
It’s not uncommon for criminal mischief to be used as a charge in domestic disputes, assaults and other disagreements between parties involving property being damaged or destroyed. It should be noted that the property may include property jointly owned by the victim or another.
While 4th degree criminal mischief is a misdemeanor, the third degree criminal mischief is a felony. It requires the prosecution to prove:
1) the intentional damage (exceeding $250) of another’s property; or
2) breaking into another’s motor vehicle with the intent to steal property but the defendant must have three or more previous convictions for criminal mischief in the previous 10 years.
The New York Penal Law defines 2nd degree felony criminal mischief as the intentional damage (exceeding $1,500) of another’s property.
The New York Penal Law defines 1st degree felony criminal mischief as the intentional damage of another’s property by means of explosion.
There are many different approaches to take if you are charged with criminal mischief and are not a U.S. citizen. Keep in mind however, that the best defense options generally are time-sensitive. Do not wait because otherwise, you may lose your best chance to get your charges dismissed or develop a strategy to lessen immigration consequences.
Contact us for a consultation on any criminal mischief charge or related criminal charge with potential immigration consequences.