Criminal Mischief in New York

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A conviction for Criminal mischief in New York can have serious consequences on an illegal alien as well as a lawful permanent resident. If you are not a U.S. citizen, you need to speak to a criminal immigration lawyer before pleading guilty to Criminal mischief in New York. If you are in the United States illegaly, a conviction for a crime involving moral turpitude (CIMT) might prevent you from even becoming a lawful permanent resident. Also, a conviction for a CIMT within 5 years of admission is a ground of deportation for a lawful permanent resident.

Criminal mischief in the fourth degree – N.Y.P.L. § 145.00

A person is guilty of criminal mischief in the fourth degree (a class A misdemeanor ) when, having no right to do so nor any reasonable ground to believe that he or she has such right, he or she:

1. Intentionally damages property of another person; or

2. Intentionally participates in the destruction of an abandoned building; or

3. Recklessly damages property of another person in an amount exceeding two hundred fifty dollars.

A conviction under subsection 1 or 2 might be considered a CIMT.

Criminal mischief in the third degree – N.Y.P.L. § 145.05

A person is guilty of criminal mischief in the third degree (a class E felony) when, with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he or she has such right, he or she:

1. damages the motor vehicle of another person, by breaking into such vehicle when it is locked with the intent of stealing property; or

2. damages property of another person in an amount exceeding two hundred fifty dollars.

Criminal mischief in the second degree – N.Y.P.L. § 145.10

A person is guilty of criminal mischief in the second degree (a class D felony ) when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person in an amount exceeding one thousand five hundred dollars.

Criminal mischief in the first degree – N.Y.P.L. § 145.12

A person is guilty of criminal mischief in the first degree (a class B felony) when with intent to damage property of another person, and having no right to do so, nor any reasonable ground to believe that he has such right, he damages property of another person by means of an explosive.

Criminal Mischief NY and Immigration Consequences

A conviction for criminal mischief in the first, second, or third degree might be considered an aggravated felony, crime of violence, if the Court imposes a sentence of 1 year of incarceration or more.

Contact our office today if you have been accused of criminal mischief!

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