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How to Handle Being Charged with Criminal Mischief
In the state of New York, a person can be charged with Criminal Mischief if they’ve engaged in vandalism or the destruction of property. There are different degrees of seriousness when it comes to a charge of Criminal Mischief. A person needs to know that being charged with this is very serious. A conviction could result in a person serving significant time in jail.
What Must Be Proven
There are a number of situations that could result in a person being charged with Criminal Mischief. This includes domestic disputes, vandalism as well as different type of disagreements that cause property damage and more. It is common for these charges to be reduced and in some cases; dismissed. A prosecutor is required to show a defendant had specific intent to cause specific damage to property. It will also have to be proven a defendant did not have any right to damage the property. A prosecutor will also have to show a defendant knew they had no reasonable grounds to believe they had any right to damage the property.
First Degree
When a person is charged with Criminal Mischief in the First Degree, it must be proven they damaged the property of another individual using an explosive. The extent of damage is unimportant. It is considered a Class B Non-Violent Felony.
Second Degree
To be convicted of this it must be proven a person damaged the property of another person and the value of the damage was more than $1,500. Second Degree Criminal Mischief is considered a Class D Non-Violent Felony.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
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Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
Third Degree
A person can be found guilty of Criminal Mischief in the Third Degree when it is proven they damaged the property of another person and the value of the damaged property was more than $250. They can also be found guilty if it is proven they broke into a locked vehicle with the intent to steal property. A person can be found guilty if it is proven they were convicted of any degree of criminal mischief three or more times during the past ten years. This is considered a Class E Non-Violent Felony.
Fourth Degree
In order to be convicted of this, it must be proven a person intentionally damaged another person’s property. This extent of the damage does not matter. It could be they intentionally took part in the destruction of an abandoned structure as well as recklessly damaging the property of another individual with damage valued at over $250. It is considered a Class A Misdemeanor. Once a person is convicted, they could spend up to twelve months in jail.
Factors
There are certain factors involved with a charge of Criminal Mischief that will have a direct impact on the outcome of the case and influence how it is prosecuted. If the charge of Criminal Mischief is associated with domestic violence, an arrest may be required. When this happens, a prosecutor will pursue it aggressively. Should the damaged property be owned by the accused or shared ownership with another, this could be considered a defense. This crime is determined by a person being held responsible for damaging the property of another individual.
Intent
In order for a person to be convicted of Criminal Mischief; intent must be established. An individual’s intent to damage property must be shown to have been for that specific purpose. This is a crucial aspect of establishing guilt. It is possible in some situations for a prosecutor to proceed with charges if they can prove the damage was the result of a person’s recklessness.
Defense
There is not one defense that will fit every situation. An experienced attorney will know what to look for in each situation. They will want to know what it contained within the complaint against their client. A defense attorney will want to know if it lists an item as damaged or explains how the item was damaged. They will look to see if ownership of the damaged item has been firmly established. It may be possible for their client to have had permission to destroy the property. The more an attorney knows about the situation, the better the defense they can provide their client.
Plea Agreements
When a person is charged with Criminal Mischief, it is possible to obtain a plea agreement. An experienced attorney will know what a person can expect to happen based on their individual situation. It’s possible to get charges reduced and in some cases even dropped. This will depend on a person’s past criminal history, understanding of ownership of the damaged property and more.
It’s possible for people to get caught up in the moment and do something they regret. This could take the form of destroying property. What makes it worse is when this results in someone getting arrested for Criminal Mischief. A defense attorney will know how to carefully examine a case. They will know the best way to proceed legally to obtain the best possible result for their client.
