Does criminal mischief involve dishonesty?

Asked about 2 years ago - Bronx, NY

does criminal mischief 4th degree (NY Penal 145.00) involve dishonesty?

what about 3rd degree (145.10)?
Is an ACD a pre-trial diversion?

Attorney answers (5)

  1. Howard A. Schwartz

    Contributor Level 20


    Lawyers agree

    Answered . Criminal mischief has nothing to do with dishonesty. An ACD is an adjournment in contemplation of dismissal meaning the case will be dismissed and sealed in 6 months or less if the defendant complies with the
    Court am dates. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Phone #: 718-208-6094... more
  2. Eric Edward Rothstein

    Contributor Level 20


    Lawyers agree

    Answered . Criminal mischief involves damaging someone else's property. ACD stands for Adjournment In Contemplation of Dismissal - the case gets adjourned for 6 months and then dismissed and sealed if no new arrests.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Carl Scott Spector


    Contributor Level 12


    Lawyers agree

    Answered . Crimes of theft such as larceny, shoplifting, unlawful use of credit cards and filing a false instrument such as filing a car accident report to collect insurance when there wasn't any accident are examples of crimes that involve dishonesty.
    Criminal mischief is the destruction of property of another with out permission.
    An ACD can certainly be considered pretrial diversion.

    Good Luck-

    Note: For informational purposes only. Seek an in person consultation with an attorney to be informed about all... more
  4. John A. Fitzgerald

    Contributor Level 4


    Lawyers agree

    Answered . The difference in degrees turns on intent of the defendent. 3rd is intentionaly damages property, while 4th is recklessly damages property of another. Property crimes such as Petit larceny, fraud, and intentional distruction of property as well as others could be characterized as a type of theft; and therfore, possibly a crime of dishonesty. Violent crimes and possession crimes are not likely crimes of dishonesty. I would not think that Recklessness is a crime of dishonesty.
    ACD is the court giving you a second chance to keep a clean record. There is no supervision. Just keep out of trouble for 6 months.

    I know very little about your case. Please seek the advice of an attorney experienced in this area of law and do... more
  5. Charles K. Kenyon Jr.

    Contributor Level 20


    Lawyer agrees

    Answered . You already have answers to the question you asked from fine New York attorneys. However, your question about dishonesty leads me to think that you are worried about immigration law consequences. If so, you need to alert your lawyer to this.

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