Its the same two nights every year throughout New York State. Mischief Night followed by the main event, Halloween. For preteens in costumes of all shapes and sizes, Halloween is about trick-or-treating and scarfing down way too much candy. For parents of little boys and girls, it is about dressing up their children for their own gratification and pleasure. For high schoolers, teenagers and college aged men and women, Mischief and Halloween nights are potentially a lot more than costumes and candy. In fact, throwing an egg at a car, spray painting a street sign, or knocking over that little yellow scooter that has always annoyed you because it managed to squeeze into the smallest parking spot on your crowded Manhattan or Brooklyn street can land you in jail facing a misdemeanor or felony crime.
What says you?! When did fun become criminal? Better ask this question now instead of getting an answer from your criminal defense attorney as you await arraignment in a New York City courtroom or a courthouse in a neighboring suburban municipality. The short answer is as follows: If you damage another person’s property, even in the most nominal way, you can face arrest in New York for Criminal Mischief in the Fourth Degree. Cause at least $250 in damage? You will be wishing you get a bag of pennies instead of candy because you momentary stupidity could result in your arrest for Criminal Mischief in the Third Degree, a felony. This blog entry will briefly address why you should leave the Criminal Mischief out of Mischief Night and Halloween unless, of course, you have a penchant for facing criminal charges and paying money for a criminal lawyer to get you out of jail or the hot water of a witch’s cauldron.