Get Caught for Criminal Tampering on Mischief Night? Who’s Laughing Now?
In the State of New York, police officers take criminal mischief activity very seriously. In fact, cops are on the lookout, this weekend especially, for mischievous individuals who are eager to get away with some nefarious activities on Mischief Night and Halloween.
Mischief Night activities, which often include smashing pumpkins, throwing rotten eggs and toilet-papering houses and trees are classified as Criminal Tampering in the 3rd Degree in NY. If you are charged with “intent to cause substantial inconvenience to someone” you could be facing a Class B misdemeanor which is punishable by up to 90 days in jail and fines. Of course, if the damage you caused was significant, the charges will fit the crime — and so will the consequences.
If you are arrested by police for intentionally damaging someone else’s property, rest assured, you won’t be laughing. Even the lightest charge, fourth degree criminal mischief is classified as a class A misdemeanor. If convicted, you face $1,000 in fines and up to one year in jail!
According to NY statute, you will face this charge if the prosecutor can prove you did any of the following: intentionally destructed properly, recklessly caused more than $250 in damage, or disabled a communication device preventing someone from calling for help.
The stake get higher in the value of the damage you caused increases. In fact, you will be facing Criminal Mischief in the 3rd Degree charges if you have three or more prior convictions for criminal mischief, you break into a car to steal something, you cause property damage valued at more than $250. If convicted of third degree criminal mischief charges, you may be sentenced to four years in prison.
When you cause more than $1,500 in damages, the charges get more severe. Criminal Mischief in the 2nd Degree is a class D felony. If convicted, be prepared to spend up to seven years in New York Prison.
Finally, the worst criminal mischief offense in New York State involves damage caused by explosives. If you are charged with Criminal Mischief in the 1st Degree, you intended to cause serious damage to someone else’s property. This serious offense can send you to prison for 25 years and it’s a Class B felony charge.
