Legal Question in Criminal Law in New York

More info is needed to answer your questions. Please contact my office @7188340087 for a consultation.

You may be able to get an ACD but maybe you should try to get a full dismissal. If this was truly an accident, there may have been no crime at all. Criminal Mischief 4th Degree requires either that you intentionally or recklessly damage someone else's property.

The Penal Law denies recklessly as follows:

"A person acts recklessly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but is unaware thereof solely by reason of voluntary intoxication also acts recklessly with respect thereto."

I would need more information to give you more of an answer. Please feel free to give me a call at 212-714-1200.

You should not expect jail time, but it would be highly recommended to have an experienced lawyer with you defending you and preserving your rights in court. It would also greatly increase the chance of lowering the charges or possible dismissal. We have substantial experience handling these types of cases and reasonable fees, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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