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What is Felony Criminal Mischief in New York?

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criminal mischief charge in brooklyn

When Delta Airlines Flight 462 left the gate at LaGuardia Airport on December 21, 2020 to taxi to the runway to fly to Atlanta, GA, something unusual happened. The plane abruptly stopped on the taxiway, and two people and a dog exited via an inflatable slide.

The New York Times told the story: A passenger on the flight, a 31-year-old Florida man, allegedly stood up, despite orders from a flight attendant to sit down. He then reportedly forced open an emergency exit door, activating an emergency slide.

The man, along with a female companion, and their 8-month-old, 60-pound service dog, slid their way down the slide. A short time later, they were taken into custody. The plane returned to the gate, where the passengers were put on alternate flights.

Following the incident, the man was charged with criminal mischief, a  felony, and reckless endangerment, a misdemeanor. A court date was set in February. His companion was charged with criminal trespassing.

What is Criminal Mischief?

Although the word “mischief” often refers to playful behavior, there is nothing playful or fun in felony criminal charges. In most cases, criminal mischief charges involve intentional damage to property without permission or authority to do so. There are four types of criminal mischief in New York:

  • Criminal Mischief in the 4th Degree, PL § 145.00 (misdemeanor)
  • Criminal Mischief in the 3rd Degree, PL § 145.05 (felony)
  • Criminal Mischief in the 2nd Degree, PL § 145.10 (felony)
  • Criminal Mischief in the 1st Degree, PL § 145.12 (felony).

Penalties for criminal mischief may be no time in jail to up to 25 years in jail. Criminal mischief in the first degree, reserved for property damage caused by an intentionally planned explosion, carries the most potentially significant penalties.

People charged with arson are often also charged with criminal mischief. Damaging property recklessly can also result in criminal mischief charges. The type of property is irrelevant, it could be a piece of clothing, an automobile, or even a cell phone. Criminal mischief charges are often brought against individuals suspected of vandalism or graffiti. People who damage property while attempting to trespass have also been charged with criminal mischief.  Examples of activities that could lead to criminal mischief charges:

  • Blowing up an automobile
  • “Keying” an automobile
  • Acts of graffiti
  • Damage caused by drunken altercations (bar fights)
  • Damage caused acts of domestic violence.

Get a Free Consultation with a NYC Criminal Mischief Defense Attorney

Criminal mischief can carry severe penalties including fines, jail, probation, and immigration consequences. At Bukh Law, we understand how much is at stake when you are accused of a crime. Do not delay in speaking to a lawyer. If you have been charged with criminal mischief or any other crime, contact Bukh Law to schedule a free consultation. We will review your potential case.

We do not advise representing yourself in your criminal case, when so much is at stake. If we represent you, we will do everything we can to obtain the best possible outcome for your case.


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