If the defense lawyer is able to negotiate a lower sentence with the states attorney, it can be agreed upon and the judge can put it into place. 83-330 amended Subdiv. Cited. (b) Criminal mischief in the third degree is a class B misdemeanor. These situations are not criminal offenses in violation of C.G.S. You're all set! 00-141 amended Subsec. Posted on Aug 31, 2011. Cited. Criminal mischief examples include vandalism and graffiti. Allan has been my personal attorney for over 10 years. Benefits of a Connecticut Criminal Mischief Attorney, Department of Children and Families (DCF). The definition varies by state, though the crime always involves damage to property. (a); P.A. You can explore additional available newsletters here. However, a Connecticut Vandalism / Criminal Mischief attorney can work to chip away at that property damage number. (a) A person is guilty of criminal mischief in the first degree when: (1) With intent to cause damage to tangible property of another and having no reasonable ground to believe that such person has a right to do so, such person damages tangible property of another in an amount exceeding one thousand five hundred dollars, or (2) with intent to cause an interruption or impairment of service rendered to the public and having no reasonable ground to believe that such person has a right to do so, such person damages or tampers with tangible property of a utility or mode of public transportation, power or communication, and thereby causes an interruption or impairment of service rendered to the public, or (3) with intent to cause damage to any electronic monitoring equipment owned or leased by the state or its agent and required as a condition of probation or conditional discharge pursuant to section 53a-30, as a condition of release pursuant to section 54-64a or as a condition of community release pursuant to section 18-100c, and having no reasonable ground to believe that such person has a right to do so, such person damages such electronic monitoring equipment and thereby causes an interruption in its ability to function, or (4) with intent to cause an interruption or impairment of service rendered to the public and having no reasonable ground to believe that such person has a right to do so, such person damages or tampers with (A) any tangible property owned by the state, a municipality or a person for fire alarm or police alarm purposes, (B) any telecommunication system operated by the state police or a municipal police department, (C) any emergency medical or fire service dispatching system, (D) any fire suppression equipment owned by the state, a municipality, a person or a fire district, or (E) any fire hydrant or hydrant system owned by the state or a municipality, a person, a fire district or a private water company, or (5) with intent to cause damage to tangible property owned by the state or a municipality that is located on public land and having no reasonable ground to believe that such person has a right to do so, such person damages such tangible property in an amount exceeding one thousand five hundred dollars. I would highly recommend Attorney Allan F. Friedman to anyone seeking counsel in Connecticut. 53a-116, Connecticut makes it a crime to intentionally damage, destroy, or deface another person's property valued at more than $250. (4) Class B felony if the amount of actual damage is twenty-five thousand dollars ($25,000) or more. (a) A person is guilty of criminal mischief in the third degree when, having no reasonable ground to believe that he has a right to do so, he: (1) Intentionally or recklessly (A) damages tangible property of another, or (B) tampers with tangible property of another and thereby causes such property to be placed in danger of damage; or (2) damages tangible property of another by negligence involving the use of any potentially harmful or destructive force or substance, such as, but not limited to, fire, explosives, flood, avalanche, collapse of building, poison gas or radioactive material. . We usually see this crime charged against people who damage mailboxes, break into cars, post graffiti, urinate on public or private property, or engage in other acts of vandalism. 53a-116, and to arrange a free, no-obligation, initial consultation, contact Stamford criminal lawyer Allan F. Friedman at The Law Offices of Allan F. Friedman located at 1100 Summer St #306, Stamford, CT 06905. The damage to the property does not have to be permanent in nature, and the fact that the damage can be repaired either through the removal of graffiti or the repair of a broken fence, for example, does not negate the crime of criminal mischief. Second, and far more common, is when someone damages another person's property worth more than $250. See Sec. Copyright The Law Offices of Mark Sherman, LLC 2023. Late Middle English Old French (mischief). It is a Class D Felony punishable by up to 5 years in jail, a $5000 fine, and probation. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. Disclaimer: These codes may not be the most recent version. 5-38-203 - Criminal mischief in the first degree. - Justia Law Police arrested him the following month and charged him with multiple counts of criminal mischief ($0 $500), disturbing the peace, and discharging a firearm/weapon from the highway. Disclaimer: These codes may not be the most recent version. Cited. Charged with interfering with an officer/resisting and disorderly conduct. Criminal mischief in the first degree: Class D felony. In some states, the law only applies to tangible assets. Criminal mischief can be charged as a misdemeanor or a felony depending on the monetary amount of the property damaged. (1) A person is guilty of criminal mischief in the first degree when, having no right to do so or any reasonable ground to believe that he or she has such right, he or she intentionally or wantonly: Defaces, destroys, or damages any property causing pecuniary loss of one thousand dollars ($1,000) or more; 53a-116, the state's attorney must be able to prove the following elements of the offense: While this crime requires an intent to damage property, intent can often be inferred through circumstantial evidence. For example, a Connecticut attorney may argue that a person was under the influence of a substance, so they did not intentionally commit first-degree criminal mischief. (a)(3) re tampering with fire or police alarms; P.A. (a) A person is guilty of criminal mischief in the second degree when: (1) With intent to cause damage to tangible property of another and having no reasonable ground to believe that . If you are charged with any degree of Criminal Mischief, then you can expect that the prosecutor will request that the Court order as an additional condition of your release that you stay away from the home, office, restaurant, or general vicinity of where you are accused of damaging property. Cited. Sign up for our free summaries and get the latest delivered directly to you. All that is needed to be arrested for this crime is that you intentionally or recklessly damage tangible property. Cited. (b) Criminal mischief in the third degree is a class B misdemeanor. 05-234 added Subsec. (3) as Subdiv. Sign up for our free summaries and get the latest delivered directly to you. The defendant acted with the intent to damage the tangible property of another; The accused had no reasonable basis to believe he had a right to damage the property; The defendant, acts with an intention to interrupt the delivery of a service to the public; the defendant damages or interferes with the tangible property of a utility, public transportation service or communication or power service; the accused caused a risk or an interruption or an impairment of services delivered to the public; OR. 2023 LawServer Online, Inc. All rights reserved. He is hardworking and was extremely flexible with my work schedule in setting up appointments and phone calls. Sometimes, the damage that occurred was an accident or happened during the commission of another act. While this offense is often thought to be associated with misguided youths, in practice, many adults are arrested for criminal mischief. Please check official sources. Subdiv. Cited. The value of the property damage is critical here: a felony charge can be avoided if the alleged damage is less than $1500. 39 CS 504, 508. 828, S. 117; 1971, P.A. 18-100c; P.A. Cited. 240 C. 708. What may have started out as a Connecticut high school prank can snowball into legal problems that can linger over you or your child for years. (b) Criminal mischief in the first degree is a class D felony. Visit our website to and see how we can help represent you today. Subdiv. The defendant intentionally damaged the property. (1) cited. (1969, P.A. The definition varies by state, though the crime always involves damage to property. 53a-44a re surcharge on fine for criminal mischief on public land. If someone committed criminal mischief while they were under the influence of drugs or alcohol, and they have an underlying addiction problem, undergoing treatment may help during sentencing. Get free summaries of new opinions delivered to your inbox! 9 CA 59, 60, 70. Criminal mischief 4 th degree . Department of Children and Families (DCF). Mr. Friedman can be reached 24/7 at (203) 357-5555, or you can contact us online for a prompt response. Criminal mischief in the first degree occurs when a person damages the tangible property of another person in an amount exceeding $1,500. Cited. (a) by making technical changes, adding new Subdiv. Charged with criminal mischief first-degree and breach of peace second-degree Jonathan Healey, 19, of Wilton.
