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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 28476
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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Can i be charged with Criminal Mischief in NY for braking my

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Can i be charged with Criminal Mischief in NY for braking my own door ??

Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

The criminal mischief statutes all refer to intentionally damaging "property of another." However, property of another is defined to include jointly owned property.
"Property of another" shall include all property in which another person has an ownership interest, whether or not a person who damages such property, or any other person, may also have an interest in such property. N.Y. Pen. Laws, Section 145.13. So what it really comes down to is whether any other person also has a legal interest in the door.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

Lucy, Esq. and other Criminal Law Specialists are ready to help you
Customer: replied 3 years ago.
that was my home door, but my wife locked me out so which degree of Criminal mischief would this be ??
If you both own the door, then it depends on the value. It's criminal mischief in the fourth degree if it's worth less than $250. If it's worth $250.01-$1,500, then it's third degree, and if it's $1500.01+, it's second degree. Criminal mischief in the fourth degree is a misdemeanor, and even if the door is worth more than $250, it may be possible to arrange a deal to plead guilty to a lower charge.
Customer: replied 3 years ago.

The house is on my name, i ranted the house but Section 8 pays the rant, the Section 8 is on my name.

I'm sorry. Since you said it was your door, that sounded like you own the house. If you're renting, then the door belongs to the property owner. A tenant can be charged with criminal mischief for intentionally damaging a rental property. What degree will depend on the reasonable value of the door. But, again, you may be able to negotiate for a misdemeanor.