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Can one be charged with 2nd Degree Criminal Mischief and theft for the same crime?
Wiki User
∙ 14y ago
Yes, if both crimes are embodied in the same offense, you could be charged with more than one offense.
Wiki User
∙ 14y ago
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Can you file for criminal mischief in small claims court?
No. Criminal mischief is a crime (as far as i know its a misdemeanor, but it could be a felony somewhere). Being that it is a crime it goes to a criminal court. Small claims court is for civil disputes, typically for claims under $2,000. Only your state/county/local law enforcement can take someone to court for criminal mischief. Now say the 'criminal mischief' was something that caused damage to you or your property, then you can file a suit in small claims court for the cost of damages. You just need to be able to prove what it cost(s) to fix these losses.
What is the name of the person that is charged with a crime in a criminal case?
Defendant.
Do you have to be convicted of a crime to be a criminal by law?
Yes, simply being arrested and/or charged does not make you a criminal UNLESS you are convicted of a crime in court.
How would you describe a defendant in a criminal case?
A DEFENDANT - In criminal cases is the person accused/charged with the crime.
How long does criminal damage stay on your record?
Criminal mischief stays on your record for the rest of your life if you are an adult when you are charged with the crime and found guilty. This type of charge remains on an adult record unless it is expunged through the court system.
What is a defendent has committed a crime?
A defendant is a person who has been charged with a criminal offense.
Who has been charged with a crime will have?
... a permanent record of the fact in their criminal history record.
What does first degree pertain in criminal act to?
A first degree crime involves the fact that the criminal had made a decision before the act was committed to carry out the act. The decision itself put the crime into the first degree category.
What do most people get charged with on 3rd degree felonies?
Huh? It depends on WHAT crime they committed as to what they get charged with.
What does 2nd degree mean in the law?
Degree is used in some states in their criminal code to indicate the severity of a crime. First degree is usually the worst crimes, second degree is lessor crime and third degree is relatively minor. Depending on the state, the degree of a crime may determine what the punishment is. The differences of the degrees are clearly laid out in the criminal code.
What is the general definition of malicious mischief in the United States?
In the United States malicious mischief is defined by each State within the USA. This is a crime in each State and the definitions of malicious mischief can vary to a degree among the States. As such however, generally speaking malicious mischief is not a felony crime but its called a misdemeanor. Most States recognize that this crime usually means intentionally destroying or damaging personal of governmental property.
What can you do if you're being charged with malicious mischief?
Accept the charges, and take the penalty.Another PerspectiveYou should contact an attorney who specializes in criminal defense in your jurisdiction as soon as possible. Depending on the circumstances it can be considered a misdemeanor or a felony. An attorney can help mitigate the penalties, sometimes with community service or restitution for a lesser crime, and no criminal record.
