Every state has laws that simply don't make much common sense. New York is no exception. One such law that defies common sense in New York is a portion of the Criminal Mischief law. The portion in question actually criminalizes people who break their own property.
The Criminal Mischief statute in New York makes it illegal to intentionally damage the "property of another person." Depending on the dollar amount of the damage caused, a person could even be charged with a felony. The felony threshold for Criminal Mischief is $250. So, if you intentionally damage someone else's property and it cost $250 or more to fix or replace the property then you can be arrested and charged with a felony.
A disturbing wrinkle in New York's Criminal Mischief law is Penal law Section 145.13 which defines "property of another" as all property "in which another person has an ownership interest, whether or not a person who damages such property... may also have an interest in such property." In other words, you can be arrested for breaking your own stuff if someone else also has an ownership interest in your stuff. For example, if two roommates buy a television together and one day during an argument one of them throws the TV remote at the TV screen breaking it then that person can be arrested and prosecuted for breaking their own TV.
These sort of Criminal Mischief charges are common and clog court calendars every day across New York State. They can be frustrating for those accused of these crimes as the defendants are usually confused as to how they can be prosecuted for breaking their own stuff. The police and prosecutors of New York have to enforce all laws even ones that don't make much common sense or actually seem unfair.
If you are charged with a violation of one of New York's Criminal Mischief laws it is important to obtain the services of an experienced criminal defense attorney. Patrick Fischer has handled hundreds of Criminal Mischief cases in his career. He has the knowledge to build appropriate strategies that can help you achieve a good result in your case.
If you are facing charges of Criminal Mischief then call or email the Law Office of Patrick Fischer today for a free consultation. Phone (845) 418-6894. Email: patrickfischerlaw@gmail.com.
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