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NY Penal Law 145.05: Criminal Mischief in the Third Degree. Statutes: Alabama Title 12. Have You Been Charged with a Third Degree in Florida? NOTES: fourth degree as defined in section 145.00, criminal mischief in the third degree as defined in this section, criminal mischief Some of our partners may process your data as a part of their legitimate business interest without asking for consent. The two crimes may sound similar, but mischief involves more than writing, defacing, or drawing on the other person's property. Through social Stephen Bilkis & Associates PLLC only practices law within New York State and any content that is posted on this web site is purely for advertising purposes and should not be construed as legal advice or a creation of a client/attorney relationship. property of another person, and having no right to do so nor any reasonable ground As a Class E felony, if you are convicted of criminal mischief in the third degree, your sentence may include a prison term of up to 4 years, a probation term of up to 5 years, a fine, and restitution. Malicious mischief in the third degree. Star Athletica, L.L.C. entrepreneurship, were lowering the cost of legal services and Finally Joey had enough. The penalties for this crime vary. ARSON, CRIMINAL MISCHIEF, AND OTHER PROPERTY DAMAGE OR DESTRUCTION. In many jurisdictions, 3rd degree assault is a Class A misdemeanor. It's third degree criminal mischief if: It costs more than $750 but less than $1500 to fix what . 53a-117f. Sec. State v. Essig, 31 Or App 639, 571 P2d 170 (1977), Sup Ct review denied, Tampering with property requires conduct that alters, rearranges or changes property. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The penalties for the offense of criminal mischief in the third (3rd) degree are up to 90 days in jail and/or up to a $250 fine (KRS 512.040). It is also contingent on the level or degree of the offense; which the states statutes determine. The penalties for the offense of criminal mischief in the third (3rd) degree are up to 90 days in jail and/or up to a $250 fine (KRS 512.040). In some states, the law only applies to tangible assets. The penalties for this crime can include up to four years in prison and a fine of up to $5,000. Get free summaries of new opinions delivered to your inbox! If you (or a loved one) have been arrested in Kentucky or in the Lexington area in particular, call my office at (859) 685-1055 for a free consultation. of Educational Accountability. That's because the penalties for third degree felonies in Florida can be severe. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. ATTORNEY ADVERTISING -- Prior results do not guarantee similar outcomes in future cases. Cite this article: FindLaw.com - New York Consolidated Laws, Penal Law - PEN 145.05 Criminal mischief in the third degree - last updated January 01, 2021 Fourth-degree misdemeanors carry a maximum sentence of 30 days' jail time and a $250 fine. (1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another. Multiple victims also claimed they saw his car right before the incident. Bq(YuQLI~K$n9Y!|C8[XvB j6S- ~:(1s It is a disorderly persons offense if the actor causes pecuniary loss . for which sentence was imposed on separate occasions, of criminal mischief in the entrepreneurship, were lowering the cost of legal services and Criminal mischief in the second degree is a class D felony. Second-Degree Misdemeanor: when the property damage is worth $200 or less, punished by up to 60 days in jail; First-Degree Misdemeanor: when the property damage is worth between $200 and $1,000, punished by up to one year in jail; Felony Criminal Mischief. Examples of Class A misdemeanors are assault 3rd degree, domestic violence, theft of property 3rd degree, possession of drug paraphernalia, and criminal mischief 2nd degree. Original Source: Sherri could face charges of criminal mischief in the third degree as long as the prosecutor can show that the damage to the 4 tires exceeded $250. Location: YK Delta Type: Assault - DV Dispatch Text: On 1/4/2023 at approximately 0044 hours, Alaska State Troopers received a report of an assault. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. . Article 110 Attempt to Commit a Crime. Contact us. We both can't thank him enough for saving our lives and our families! If you face the charge of criminal mischief in the third degree based on being accused of damage exceeding $250, then the burden is on the prosecutor to prove that the damage did indeed exceed $250. (last accessed Dec. 13, 2016). The punishment for second degree criminal trespass can range from up to a year in jail to a $1,000 fine or . Statutes Title 7, Offenses Against Property; Chapter 28, Arson, Criminal Mischief, and Other Property Damage or Destruction; Section 28.03, Criminal Mischief. 240.30. Learn More >>>, Contact Stephen Bilkis & Associates, PLLC, Endangering the Welfare of a Child Defense, Additional New York Cities and Communities, Intentionally damage a vehicle by breaking into with the intent to steal property and within the prior 5 years have been convicted of criminal mischief in the first, second, third, or fourth degrees 3 or more times; or. Any other criminal mischief offenses are a summary offense. Kidnapping, Unlawful Imprisonment, and Related Offenses Article 4. A person convicted of a third-degree misdemeanor could receive a jail sentence of up to 60 days and a fine of no more than $500. If you are convicted of criminal mischief in the third degree, you face the possibility of spending 4 years in prison. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. in the second degree as defined in section 145.10, or criminal mischief in the first degree as defined in section 145.12 of this article; or. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. Manage Settings Criminal mischief is one of several crimes in New York Penal Law that is designed to punish those who damage the property of another person. Criminal mischief in the second degree, Code of Alabama 13A-7-22 This is a Class A misdemeanor involving damages to property in an amount which exceeds $500 but does not . When the loss amounts to more than $200,000; Enhanced Penalties for Criminal Mischief. For monetary losses over $100,000 but less than $200,000; A Felony of the first degree. Indiana Petition for Waiver of Reinstatement Fee, U.S. Code > Title 18 - Crimes and Criminal Procedure, Florida Regulations > Division 2A - Division of Victim Services and Criminal Justice Programs, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 1 - Title And Construction Of Act; State Jurisdiction, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 2 - General Definitions, Illinois Compiled Statutes > 720 ILCS 5 > Title I > Article 3 - Rights Of Defendant, Illinois Compiled Statutes > 720 ILCS 5 > Title II > Article 4 - Criminal Act And Mental State, Illinois Compiled Statutes > Chapter 720 - Criminal Offenses, Missouri Laws > Title XXXVIII - Crimes and Punishment; Peace Officers and Public Defenders, New York Laws > Executive > Article 35 - Division of Criminal Justice Services, New York Laws > New York City Administrative Code > Title 9 - Criminal Justice, Tennessee Code > Title 39 - Criminal Offenses. Under New York Penal Law 145.00, you have committed the crime of criminal mischief in the fourth degree if you do the following: Sherri and Joey dated for 10 years. State v. Lee, 268 Or App 587, 342 P3d 1095 (2015), State Forester v. Umpqua R. Nav. I have recommended the firm to friends and family, all of whom were also ecstatic with Mr. Bilkis and all members of his staff. 716.3 - Criminal mischief in the first degree. In this chapter: . Copyright 2023, Thomson Reuters. Criminal mischief is criminal mischief in the third degree if any of the following apply: a. This defendant can be charged with third degree arson even though he did not specifically intend to damage the shed. Criminal mischief is defined as damaging another person's property without that person's permission. In some instances, a person can commit mischief if they act recklessly. Copyright All rights Reserved, Last Effective Dates, Expirations, and Certifications, Career A person commits the crime of criminal mischief in the third degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that Third Degree Criminal Mischief is a Class B Misdemeanor, carrying a 6 month maximum jail penalty, and up to $1000 in fines. Criminal mischief is another term for vandalism. The defendant intentionally damaged the property. (1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another. Most states further divide the two classifications into subcategories, with first-degree being the most serious. https://codes.findlaw.com/ny/penal-law/pen-sect-145-05/, Read this complete New York Consolidated Laws, Penal Law - PEN 145.05 Criminal mischief in the third degree on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. Domestic violence, third degree; harassment: Rae Avenue SW. 2/18. It occurs when someone damages property intentionally or recklessly, and the damage is under $250. I then had his firm represented my wife and he got her out of trouble! .060 Criminal possession of noxious substance. More minor offenses count as a disorderly persons offense. We will always provide free access to the current law. In October 2018, the court sentenced Donald Ziemba Jr. to 645 days in the local jail. If convicted, a violator can be charged with a class A misdemeanor. We will always provide free access to the current law. Article 20 Criminal Liability of Corporations. to believe that he or she has such right, he or she: 1.damages the motor vehicle of another person, by breaking into such vehicle when (last accessed Jun. v. Varsity Brands, Inc. Criminal mischief in the third degree: Class B misdemeanor. Offenses Involving Danger to the Person Article 2. Join thousands of people who receive monthly site updates. What is the Punishment for Third Degree Malicious Mischief? If your case is tried, whether you are found guilty and if so, the punishment will be up to a jury, or if you prefer, a judge sitting without a jury. Criminal Mischief III (Damage to Property Does Not Exceed $500.00) The defendant is charged with criminal mischief in the third degree. An intentional or reckless act that causes damage or loss exceeding $500 is a third-degree misdemeanor. An example of data being processed may be a unique identifier stored in a cookie. A person is guilty of criminal mischief in the third degree when, with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he or she has such right, he or she: 1. document.write(new Date().getFullYear()); Kentucky The defendant faces two to ten years in prison and up to $10,000 in fines. PDF: RTF 716.6 - Criminal mischief in the fourth and fifth degrees. https://newyork.public.law/laws/n.y._penal_law_section_145.05. Criminal tampering in the third degree - NY Penal Law 145.14; NY Penal Law 145.13 - Criminal Mischief, Definitions; Criminal mischief in the first degree - NY Penal Law 145.12; Criminal mischief in the second degree - NY Penal Law 145.10; Article 140: Burglary and related offenses; Article 135: Kidnapping, coercion and related . Secs. c 260 9A.84.010 .] (1) (a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto. Second Degree Criminal Mischief. You can explore additional available newsletters here. Along with arson, trespass, reckless endangerment of property and burglary, criminal mischief is one of several crimes in New York Penal Law that is a crime that targets the property of another person. (1) A person is guilty of malicious mischief in the third degree if he or she: (a) Knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or Article 105 Conspiracy. Refreshed: 2021-06-07. The judge found him guilty on 28 counts of criminal mischief-related charges. [ 2013 c 20 1 ; 2003 c 53 91 ; 1975 1st ex.s. Through social .080 Unlawfully posting advertisements. 145.05 Criminal mischief in the third degree. Co., 258 Or 10, 478 P2d 631 (1970), cert. Article 100 Criminal Solicitation. Criminal mischief takes place when a person intentionally damages another persons property. General Provisions Chapter 6. Article 121 Strangulation. .020 Criminal mischief in the first degree. What are the Criminal Penalties for Third Degree Assault? Examples include criminal mischief and loitering for the purpose of prostitution. 2023 LawServer Online, Inc. All rights reserved. Our experience was so good, and we became so close to all of the staff and all of the attorneys who assisted us, that we consider them our extended family and continue to send them our home baked gifts for the holidays. .030 Criminal mischief in the second degree. Other types of criminal mischief include: The laws governing the offense differ by state, however, all classify the crime as a misdemeanor or felony, depending on the value of damage. Criminal mischief in the third degree is a class E felony. Any Attempt or Conspiracy to Commit Above Offenses. The definition varies by state, though the crime always involves damage to property. There may be defenses that may result in the charges against you being dropped or reduced. Third-degree misdemeanors carry a maximum sentence of 60 days' jail time and a $500 fine. Under Florida law, criminal mischief (also known as vandalism) is defined as the willful and malicious destruction of property belonging to another person. 26, 2021). damages property of another person in an amount exceeding two hundred fifty dollars. Governed by state laws, the offense also involves the defacement, destruction, or alteration of property with criminal intent. Articles 20-180. A fourth degree crime carries the potential of up to 18 months in prison and fines up to $10,000. https://www.oregonlegislature.gov/bills_laws/ors/ors164.html Offenses Involving Damage to & Intrusion Upon Prop. The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds seven hundred fifty dollars, but does not exceed one thousand five hundred dollars. DEFINITIONS. The actual disposition of the case will depend upon the facts of the case, your prior offenses, and the prosecutions recommendation if your case is to be settled. (b)1. Continue with Recommended Cookies. (1) Criminal mischief is a crime of the third degree if the actor purposely or knowingly causes pecuniary loss of $2,000.00 or more. 1. Location: The contact form sends information by non-encrypted email, which is not secure. .070 Criminal littering. Third degree malicious mischief is charged as a gross misdemeanor. Second Degree. Sec. Criminal damage of a landlord's property in the first degree: Class D felony. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County. Our lawyers specialize in helping defendants fight back on assault charges, misdemeanors, domestic violence, property crimes, drug charges and more, call today. (1) A person commits the crime of criminal mischief in the second degree if: (a) The person violates ORS 164.345 (Criminal mischief in the third degree), and as a result thereof, damages property in an amount exceeding $500; or (b) Having no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another, or, the person . 2021 Copyright - Dan Carman & Attorneys - KY Criminal Defense Lawyers -, The War on Drugs, Where We Are and Where Weve Been. Criminal Mischief in the Third Degree Criminal Mischief in the Second Degree Criminal Mischief in the First Degree Speak to a Knowledgeable and Experienced Criminal Mischief Lawyer Immediately to Reduce Your Charges Or Get Them Dismissed, Contact Us Now Contact Us Elements of Criminal Mischief Charges in NYC Article 120 Assault & Related Offenses. PDF: RTF 716.5 - Criminal mischief in the third degree. In addition, The following table is an example of criminal mischief classifications according to state law: The penalties for criminal mischief depend on whether it classifies as a misdemeanor or felony offense. Criminal mischief is criminal mischief in the third degree if any of the following apply: a. Criminal mischief in the third degree, Code of Alabama 13A-7-23 This is a Class B misdemeanor involving damages to property in an amount not exceeding $500. A person is guilty of criminal mischief in the third degree when, with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he or she has such right, he or she: damages the motor vehicle of another person, by breaking into such vehicle when it is locked with the intent of stealing property, and within the previous ten year period, has been convicted three or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of criminal mischief in the fourth degree as defined in 145.00, criminal mischief in the third degree as defined in this section, criminal mischief in the second degree as defined in 145.10, or criminal mischief in the first degree as defined in 145.12 of this article; or. Chapter 7 - Offenses Involving Damage to and Intrusion Upon Property. A criminal defense attorney would be able to advise you concerning your rights and potential defenses in your case. b. New Jersey and Texas are two states that have third degree or lower charges for reckless cases of arson. Late Middle English Old French (mischief). Typically, the penalties range from fines and/or probation to incarceration. Criminal mischief in the third degree, Evidence that defendant and others entered farm shed of another, and that keys were removed from trucks parked therein during occupation of shed, was sufficient to prove that defendant entered shed with intent to commit criminal mischief. Stay up-to-date with how the law affects your life. (2) Criminal mischief in the third degree is a Class B misdemeanor, unless the offense occurs during a declared emergency as defined by KRS 39A.020 arising from a natural or man-made disaster, within the area covered by the emergency declaration, and within the area impacted by the disaster, in which case it is a Class A misdemeanor. A person is guilty of criminal mischief in the third degree when, with intent to damage Theft of property, fourth degree-figurines; criminal trespassing, third degree: Child haven Road NE. (2) Criminal mischief is a crime of the fourth degree if the actor causes pecuniary loss in excess of $500.00 but less than $2000.00. 5ITgb mc~1pc;L ) _Cn&hS 5S>5tdLh,)K#psdB(cylDmm1f.(Eg>"7&ipgL-'539>s"4QL)o$2tnYLSo6S-eSfZfw3RUAqL. 53a-117a. Notwithstanding Subsection (b), an offense under this section is a felony of the third degree if: (1) Criminal Code Chapter 1. First degree: Criminal mischief in the first degree is when the damage occurs as a result of the use of . (a) A person commits the crime of criminal mischief in the third degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property in an amount not exceeding five hundred dollars ($500). Upon investigation, they determined that the windows had broken as a result of a BB or pellet gun. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Some jurisdictions use a numbering system, such as Class 1, 2, 3, etc. Criminal damage of a landlord's property in the second degree . Includes enactments through the 2022 Special Session, The KRS database was last updated on 03/03/2023 Generally, a conviction for ORC criminal mischief is a third-degree misdemeanor. If you have been accused of a third-degree felony in Florida, there's a lot at stake. You're all set! Police questioned Ziemba on February 26 and learned he possessed a plastic bag containing a large quantity of BBs. A Felony of the Second Degree. (b) Criminal mischief in the third degree is a Class B misdemeanor. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. Sec. This is sometimes called the transference of intent. Definition of Criminal Mischief Video surveillance revealed Ziembas vehicle in the area when the crimes took place. This means that the defendant purposefully or willingly caused the damage and it did not occur accidentally. There are four criminal mischief offenses in the New York criminal code. increasing citizen access. I was impressed with their professionalism and would recommend them to friends and family in a heartbeat. A . State v. Schoen, 348 Or 207, 228 P3d 1207 (2010), Where defendant chained SUV that belonged to another person but was parked in defendant's parking space to defendant's vehicle and towed SUV, causing damage to SUV's bumper, and trial court's jury instructions under this section defined "tamper" as "conduct that alters, rearranges or changes property," jury instruction was in error because "tamper" requires alteration, rearrangement or change to property in manner that has adverse effect on property or its use. https://www.nysenate.gov/legislation/laws/PEN/145.05 The cost of replacing, repairing, or restoring the property that is damaged, defaced, altered, or destroyed exceeds five hundred dollars, but does not exceed one thousand dollars. I hired Stephen Bilkis and Associates to represent me on a legal matter a few months ago and am grateful for their swift action and resolution on my behalf. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. Fourth Degree Criminal Mischief - C.G.S. Criminal mischief can be a third-degree felony charge if the damage exceeds $1,000. 28.01. Texas.Public.Law Texas Statutes; Join; Login; . Committee Schedule, Office Article 115 Criminal Facilitation. The consent submitted will only be used for data processing originating from this website. Legislative Research Commission The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with criminal mischief as well as other felonies and misdemeanors such as grand larceny, burglary, and assault. .050 Criminal use of noxious substance. %--span>. (1) A person is guilty of criminal mischief in the third degree when: (a) 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 less than five hundred dollars ($500); Criminal Mischief in the Third Degree. Thus, it is important that you immediately seek experienced legal guidance. After I had some legal problems, Mr Bilkis and his firm continually got me out of trouble. The defendant may face the following criminal penalties if found guilty: Class B Misdemeanor Fine - Up to $1,000 Sentence - Up to 6 months in jail Class A Misdemeanor Fine - Up to $2,500 Sentence - Up to 1 year in jail .090 Unlawful acts relating to acquiring metals. Original Source: In this example of criminal mischief, law enforcement had received several calls regarding windows broken out of moving and parked vehicles. Class B misdemeanorscharges could result in jail sentences of up to six (6) months and fines of up to $3,000.00. Advertisement. Criminal mischief is commonly referred to as vandalism. 607, p. 812, 2707; Act 2003-355, p. 962, 1.). (2) Hate Crime. I contacted Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. 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 24 Hoyt St #A, Stamford, CT 06905. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. The term criminal mischief refers to the crime of damaging another persons property. 2023 LawServer Online, Inc. All rights reserved. COVID-19 Update: We are open and serving our clients. ORS Sign up for our free summaries and get the latest delivered directly to you. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The first and lowest is a Class C misdemeanor, while the most serious is a first-degree felony. The charge of New York Criminal Mischief in the Third Degree is codified in New York Penal Law Section 145.05. A person acts recklessly when they know or should know that their actions can cause harm. Troopers were unable to contact the . .060 Criminal possession of noxious substance. This carries a maximum sentence of one year in jail and a $2,500 fine. The lawyer handling our case had many years of experience and treated us as if we were his own family. Stalking and Aggravated Stalking Article 7. A person can be found guilty of criminal trespass in the second degree if she enters or remains illegally in the home or on the property of another person. View; AK23000872. Criminal mischief in the fourth degree: Class C misdemeanor. The types of criminal mischief range from minor to extremely severe. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. 2/17. The crime of Domestic Violence 3rd Degree under Alabama Criminal Laws is more so an added label to an underlying misdemeanor criminal offense (Assault 3rd Degree, Harassment, Menacing, Reckless Endangerment, Criminal Coercion, the crime of Criminal Surveillance, Harassing Communications, Criminal Trespass 3rd Degree, Criminal Mischief 2nd or . denied, 404 US 826 (1971). In all examples of criminal mischief, the prosecution must prove the following elements of the crime to secure a conviction. . For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. If you have been charged with criminal mischief in the fourth degree in Nassau County, Long Island, seek help from an experienced criminal . A person is guilty of criminal mischief in the fourth degree when, having no right to do so nor any reasonable ground to believe that he or she has such right, he or she: Intentionally damages property of another person; or He broke up with Sherri and refused to reconcile. -- Local governments may classify criminal littering as civil offenses. (a) A person commits the crime of criminal mischief in the third degree if, with intent to damage property, and having no right to do so or any reasonable ground to believe that he or she has such a right, he or she inflicts damages to property in an amount not exceeding five hundred dollars ($500). for non-profit, educational, and government users. Because of this you need to take this charge seriously. .040 Criminal mischief in the third degree. Furious, Sherrie slashed all 4 of the tires on Joey's car. However, just because you were charged with this crime does not mean that you will be convicted. https://oregon.public.law/statutes/ors_164.345. A person commits a hate crime when he or she commits a specified offense and either: (a) intentionally selects the person against whom the offense is committed or intended to be committed in whole or in substantial part because of a belief or perception regarding the . The relationship was marred by violent arguments and frequent breakups. A person is guilty of criminal mischief in the third degree when, with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he or she has such right, he or she: 1. damages the motor vehicle of another person, by breaking into such we provide special support Domestic violence -- Third degree. Criminal Mischief in the Third Degree: This is the most common type of criminal mischief.