Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Fighting your Criminal Mischief charges in Stamford, Greenwich, New Canaan, Darien or elsewhere in Connecticut requires a multi-pronged attack. The accelerated rehabilitation program is commonly used to resolve criminal mischief allegations for first-time offenders who have not previously used the AR program in the past 10 years. 53a-116. Cited. First, it is when a person with prior criminal mischief convictions damages a car by breaking into it. Then came the felony protective order violationLong story short I walked out of court today with all my charges nolled. 83-330, S. 1; P.A. Criminal Mischief in the First Degree C.G.S. 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. The best Greenwich and Stamford Connecticut criminal lawyers will likely agree that what distinguishes the degree of a Criminal Mischief charge is usually the alleged value of the property damage. . Cited. Third Degree Criminal Mischief is a Class B Misdemeanor, carrying a 6 month maximum jail penalty, and up to $1000 in fines. (a) to designate damaging or tampering with fire or police alarms as Subpara. Criminal mischief in the first degree occurs when a person damages the tangible property of another person in an amount exceeding $1,500. (a); P.A. This means that the defendant purposefully or willingly caused the damage and it did not occur accidentally. 53a-117. Let's go! Many states differentiate four criminal mischief degrees. 53a-116. 92-260 made technical changes in Subsec. (a) A person is guilty of criminal mischief in the third degree when, having no reasonable ground to believe that such person has a right to do so, such person: (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, including, but not limited to, fire, explosives, flood, avalanche, collapse of building, poison gas or radioactive material; or (3) intentionally or recklessly (A) damages tangible property owned by the state or a municipality that is located on public land, or (B) tampers with tangible property owned by the state or a municipality that is located on public land and thereby causes such property to be placed in danger of damage; or (4) damages tangible property owned by the state or a municipality that is located on public land by negligence involving the use of any potentially harmful or destructive force or substance, including, but not limited to, fire, explosives, flood, avalanche, collapse of building, poison gas or radioactive material. Under C.G.S. Subdiv. Connecticut may have more current or accurate information. 53a-24 to 53a-323). You can explore additional available newsletters here. Star Athletica, L.L.C. Subdiv. Like with many different crimes in Connecticut, there are different degrees of criminal mischief, and the charge will depend on the level of damage caused by your child. Norwich Nick Hatch, 28, of Fairfield, was charged April 24 with interfering with an officer, driving a car without the owner's permission, third-degree criminal mischief, disobeying the signal of. One critical issue in Greenwich Vandalism and Stamford Criminal Mischief arrest cases is preserving electronic surveillance evidence that may prove your innocence. (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; (d) A person convicted of a felony offense under this section is subject to an enhanced sentence of an additional term of imprisonment of five (5) years at the discretion of the court if the finder of fact finds that the damage to property involved the removal of nonferrous metal, as it is defined in 17-44-101. Copyright The Law Offices of Mark Sherman, LLC 2023. Common criminal mischief examples including removal of paint on a vehicle, or breaking a window on a home or business. Once the charges are filed, then you and your top Connecticut criminal lawyer are able contest issues such as property damage value and intent. Whatever the situation, if you are charged with Criminal Mischief in Stamford, Darien, Greenwich, Westport, New Canaan, Norwalk, Fairfield, or Wilton, be sure to call a top Stamford Criminal Mischief lawyer to discuss the possibility of getting these charges dismissed. C.G.S. 53a-116 - Criminal Mischief in the Second Degree (1)(A) cited. In October 2018, the court sentenced Donald Ziemba Jr. to 645 days in the local jail. You already receive all suggested Justia Opinion Summary Newsletters. You can explore additional available newsletters here. (2) (A) There is imposed in addition to a penalty in subsection (b) of this section a fine of not more than two (2) times the value of the timber destroyed or damaged. (3) in Subsec. I highly recommend him, please dont hesitate to contact him for service. LawServer is for purposes of information only and is no substitute for legal advice. Terms Used In Connecticut General Statutes 53a-117. Cited. Criminal mischief in the second degree also criminalizes any intentional actions to disrupt public utilities or damage to property on public lands regardless of the value of the property. An arrest for criminal mischief can have serious consequences, including possible jail time, reputational harm, and an effect on your ability to seek employment in the future. (a) A person commits the offense of criminal mischief in the first degree if he or she purposely and without legal justification destroys or causes damage to any: (2) Property, whether his or her own or property of another, for the purpose of collecting any insurance for the property. Subdiv. Highly recommend! The crux of this charge deals with vandalism to fire hydrants, and tampering with publicly owned fire detection systems and fire alarms. If you have been arrested for criminal mischief in Connecticut, we are here to help. (1)(A) cited. (a) re tampering with fire or police alarms; P.A. Sometimes, the damage that occurred was an accident or happened during the commission of another act. Call us at Mark Sherman Law for a consultation. Get free summaries of new opinions delivered to your inbox! Criminal offenses in Connecticut are classified as felonies, which are offenses punishable by imprisonment for over one year, and misdemeanors, which are offenses punishable by imprisonment for not more than one year. Cited. 53a-115 is the most serious Criminal Mischief charge. To be guilty of this felony First Degree Criminal Mischief charge, the prosecution must prove that (a) you intentionally caused damage to property belonging to another person or business in an amount over $1500, or (b) you intentionally damaged or tampered with property involved with a public utility such as transportation (train or bus system), power (electricity or gas lines), or telecommunications (phone service or cell phone towers), resulting in an actual interruption or disruption of such services. Department of Children and Families (DCF). another: may extend and be applied to communities, companies, corporations, public or private, limited liability companies, . Kentucky Statutes 512.020 - Criminal mischief in the first degree Typically the police and prosecutors decide the value of the property damage. 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. (a) by making technical changes, adding new Subdiv. 53a-116 Criminal Mischief in the Second Degree. Criminal mischief in the first degree occurs when a person damages the tangible property of another person in an amount exceeding $1,500. Darren J. Sargent, 30, of Hopson Avenue is charged with first-degree criminal mischief. This provides skilled attorneys with opportunities to contest the case against the defendant. Charged with criminal mischief first-degree and breach of peace second-degree Jonathan Healey, 19, of Wilton. Chapter 952 - Penal Code: Offenses - Connecticut General Assembly Stamford criminal lawyer Allan F. Friedman has the experience to protect your reputation against these types of allegations and achieve the most favorable result possible. Cited. Criminal mischief can be charged as a misdemeanor or a felony depending on the monetary amount of the property damaged. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Were you arrested for damaging property or tampering with a public utility? 00-141, S. 4; P.A. Cited. In this example of criminal mischief, law enforcement had received several calls regarding windows broken out of moving and parked vehicles. In another example, a man is intoxicated, and he accidentally falls into a vehicle causing damage exceeding $250. This site is protected by reCAPTCHA and the Google, There is a newer version of the Connecticut General Statutes, Title 53a Penal Code (contains Chapters 950 to 952), Chapter 952 Penal Code: Offenses (contains Secs. First-degree criminal mischief charges do not carry a mandatory minimum jail sentence, so a person can be found guilty of this charge and be sentenced to no time in prison. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site.
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