New Canaan Criminal Mischief Prosecution
Are you being prosecuted for criminal mischief in New Canaan, CT? You should reach out to a top criminal defense attorney as soon as possible.
What is the Role of Intent in Criminal Mischief Prosecutions?
One of the elements of Connecticut’s criminal mischief statutes is the intent of the alleged actor. For example, the most serious degrees of criminal mischief require the prosecutor to prove the defendant intentionally damaged property or risked interruption to a public service. In other cases, prosecutors can secure a conviction by proving the defendant acted recklessly. Both intentional and reckless have specific meanings in the Connecticut General Statutes (C.G.S.) that exclude accidental behavior.
An example of reckless damage would be someone who is involved in a verbal or physical altercation with another person. During the course of the fight, they knock into an object and cause it to break. Even though the person did not intend to damage property, the reckless behavior of fighting caused the property damage.
Because intent is an element of criminal mischief, New Canaan prosecutors must prove it to convict an individual of this offense. This gives defense attorneys an opportunity to contest the charges by arguing that the accused’s behavior does not rise to the level of intentional or reckless.
What Does it Mean to Place Property at Risk of Damage?
Third-degree criminal mischief under C.G.S. 53a-117 does not require any actual property damage. Instead, someone can be arrested and prosecuted for merely putting property at risk of damage. The police make this determination when they conduct their investigation. They look at how the property was damaged and who had a leading role in damaging it.
How can a Criminal Mischief Attorney Dispute Placing Property at Risk of Damage?
If the police decide to arrest for a person for placing property at risk of damage and the case goes to court, the prosecution ultimately has the burden to prove what happened. Depending on the circumstances, a defense attorney may be able to argue that the person’s conduct did not create a reasonable risk to the property. The decision is ultimately up to the prosecutor.
Talk to a New Canaan Criminal Mischief Attorney About Your Case
If you are being prosecuted for criminal mischief in New Canaan, you should be aware that a conviction could lead to serious consequences. In addition to heavy fines and jail time, you could have a criminal record that damages your reputation for years to come. The best way to fight back against the charges and work toward a resolution is with an experienced attorney by your side. Call today to discuss your case.