Darien Second-Degree Criminal Mischief Lawyer
Were you arrested for damaging property in Darien? Contact a Darien second-degree criminal mischief lawyer for help with your case.
What is Second-Degree Criminal Mischief?
Criminal mischief in the second degree occurs when a person engages in the following behaviors without reasonable grounds to believe they have the right to do so:
- Intentionally cause more than $250 worth of damage to the tangible property of another person
- Intentionally cause an interruption or impairment of services rendered to the public
- Tamper with the tangible property of a public utility, mode of transportation, power infrastructure, or communication system, thereby causing a risk of interruption or impairment of service
- Intentionally cause more than $250 in damage to tangible property owned by the state or a municipality’s public land
If the damage to property exceeds $1,500, the charge becomes first-degree criminal mischief.
How Does the Prosecution Establish Intent?
Intent, as it applies to a second-degree criminal mischief charge, can be difficult for prosecutors to establish. They may use evidence showing the commission of the crime, such as video surveillance footage. Additionally, they could use evidence like a social media post in which someone admitted to damaging the property.
A Darien second-degree criminal mischief attorney can contest this by introducing their evidence showing there was no intent by the defendant to commit the crime. They may accomplish this using witness statements or testimony.
What are the Penalties for Criminal Mischief in the Second Degree?
Second-degree criminal mischief is a Class A misdemeanor punishable by up to one year in jail, a fine of up to $2,000, and a probation period of up to two years.
Notably, there is no mandatory minimum sentence for criminal mischief in the second degree. Judges are free to give a sentence that includes no jail time, no fine, or no probationary period. Those are all options that an attorney can try to negotiate. The right mitigation strategy is different in every case, but in general, an attorney may argue that the defendant shows remorse, is taking responsibility for their actions, and have made full restitution.
Contact an Experienced Darien Second-Degree Criminal Mischief Attorney
If you were charged with second-degree criminal mischief, you could benefit from retaining an experienced Darien defense lawyer. Local attorneys have extensive experience with the Darien Police Department and the Stamford Superior Court system. This court has a lot of nuances, and it can be helpful to have a lawyer who knows how to navigate it. Darien attorneys are often in the best position to negotiate with local prosecutors or judges in pursuit of the best possible disposition of the case. To schedule a consultation and learn how an attorney can help, call Mark Sherman Law.