It is irrelevant what that property is – a car, painting, cell phone – and how it occurred – smashing that cell phone on the ground, poking a hole in the painting’s canvas, or “keying” the passenger side vehicle door. While Criminal Mischief in the Third Degree allows prosecutors to "bump up" the Fourth Degree offense to a Third Degree crime in certain circumstances, the important provision of this section relates to the damage you are alleged to have intentionally caused to the property of another person without permission. Third Degree Criminal Mischief: Understanding NY Penal Law 145.05 Armed with knowledge and the right counsel, what may have initially seemed as insurmountable to you, may soon give way to a far brighter end.
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