Legal Question in Criminal Law in New York

Road Rage

I was involved in an incident where I was harassed on the road by another car and finally cut-off. At the first available light, I jumped out, banged on the window and broke it. the police arrived and issued a ticket for me to appear in ct. under a charge of criminal mischief 4th degree.

Should I get an attorney? What will the plaintiff probably ask in terms of the civil suit to follow; Cost of window, unspecified damages? Am I in big trouble?


Asked on 4/05/03, 8:52 pm

2 Answers from Attorneys

Steven Brand Steven Brand, Attorney at Law

Re: Road Rage

Criminal mischief in the 4th degree is an A misdemeanor in NY and carries a max imprisonment penalty of up to one year in jail.

I always advise getting an attorney if going to court for anything other than a traffic ticket. The assistant district attorney may harp on certain aspects of your case such as the fact that you must have been banging pretty hard on the window for it to have broken. Under section 145.00 of the penal law, one could be found guilty of criminal mischief in the 4th degree if he intentionally damages property of another person, OR if he recklessly damages property of another person in an amount exceeding $250.

If you do not already have a criminal record, the goal with your case will be to try and get an ACD (adjournment in contemplation of dismissal) so that if you're good for a specified period of time (1 year), it will go away. In the alternative, one could plead the case down to a disorderly conduct, a mere violation, and ask for a couple days of community service.

Feel free to call me today or at your earliest convenience at 646-209-8213 to discuss the case further.

Steven Brand, Esq.

The information contained herein is for informational purposes only, and is not legal advice on any subject matter. No recipients of this document should act or refrain from acting in reliance on its content without first seeking appropriate legal or other professional advice. Transmission of this document does not create an attorney-client relationship between Steven Brand, Esq. and any recipients.

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Answered on 4/06/03, 10:33 am
Robert Evans Robert S. Evans esq.

Re: Road Rage

You are in some trouble and you should contact an attorney to represent you in the criminal matter.YOu are also liable for all economic loss suffered by the victim. This will be determined by a civil suit ,I would suggest a good attorney could perhaps nip this in the bud.If you desire you may contact me @718-834-0087 to further discuss your matter.

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Answered on 4/06/03, 1:23 pm


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