legal question
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kathy

New Hartford, NY

#1 Mar 13, 2014
My ex decided it would be a good idea to smash my car windows and dent my car w a shovel. Im reluctant to file a report as my insurance will go up after 2 accidents this year with deer. Anyone know what the criminal charge and/or penalty would be? I'm torn.
Norman

New Hartford, NY

#2 Mar 13, 2014
Report it to the police. Seems like a wack job, it could be you next.
Legal Eagle

Syracuse, NY

#3 Mar 13, 2014
S 176.15 Insurance fraud in the fourth degree.
A person is guilty of insurance fraud in the fourth degree when he
commits a fraudulent insurance act and thereby wrongfully takes, obtains
or withholds, or attempts to wrongfully take, obtain or withhold
property with a value in excess of one thousand dollars.
Insurance fraud in the fourth degree is a class E felony.
kathy

New Hartford, NY

#4 Mar 14, 2014
Its not insurance fraud..I said I'm not filing a claim. I'm paying out of pocket. I meant charges for the crime.
Legal Eagle nutcase

Syracuse, NY

#5 Mar 14, 2014
Legal Eagle wrote:
S 176.15 Insurance fraud in the fourth degree.
A person is guilty of insurance fraud in the fourth degree when he
commits a fraudulent insurance act and thereby wrongfully takes, obtains
or withholds, or attempts to wrongfully take, obtain or withhold
property with a value in excess of one thousand dollars.
Insurance fraud in the fourth degree is a class E felony.
it would NOT be fraud if someone smashed your windows/car if you reported it!get off the drugs you idiot!
this

Rome, NY

#6 Mar 14, 2014
Did you see it or prove he did it? That's the first thing. Next is reporting it or not. If its proved he did then don't report to insurance and sue him for damages
kathy

New Hartford, NY

#7 Mar 14, 2014
this wrote:
Did you see it or prove he did it? That's the first thing. Next is reporting it or not. If its proved he did then don't report to insurance and sue him for damages
Yes..I have video surveiilance as well as my own eyes. I did not file an insurance claim nor a police report. I did not committee any fraud for God's sake.
Time for a

Penn Yan, NY

#8 Mar 14, 2014
Get a restraining order against him. Agree with Norm, you could be next.
kathy

New Hartford, NY

#9 Mar 14, 2014
Time for a wrote:
Get a restraining order against him. Agree with Norm, you could be next.
Thankyou
Been done that

Utica, NY

#10 Mar 14, 2014
If it is over $250.00 worth of damage it is a felony criminal mischief. It is also a mandatory arrest if reported to police and proven it was him. It doesn't mean he will get convicted of a felony, but at least he would be held responsible for the damage and he/you would get an order of protection out of it. It would probably be dropped to a lesser charge if he agreed to pay restitution and he would probably receive a fine. If you think you will eventually get back with him, makes your decision more difficult I am sure. My advise is to contact police. You don't need that kind of person in your life. Good luck.
kathy

New Hartford, NY

#11 Mar 14, 2014
Thankyou everyone for the infoand advice. It hhelps very much. No way will I ever go back with that psycho. The problem is his family name and that everyone has him made out to be such a saint.
answer Man

Syracuse, NY

#12 Mar 14, 2014
k, you asked about your insurance rate going up and nobody answered that so i will. it depends on the terms of your policy. i assume you have collision/comprehensive coverage since you've reported and collected settlements for the deer incidents. these claims rarely would mean a rate increase as they are all through no fault of your own. now you're again the victim of circumstances beyond your control so your rate probably would not rise if you made the claim but you would have to report it as a crime and let the ex's chips fall where they may. your insurance company would most likely require that as part of the claim process. they may and should seek restitution from him through the court as part of his plea deal with the DA. hopefully for your sake that wouldn't cause danger for you as the ex is clearly not in control of himself. get a protection order my dear. you could be his next target.
kathy

New Hartford, NY

#13 Mar 14, 2014
Thankyou for the insurance info. So kind of everyone..I wonder how serious they will charge him. I really would like it to stick.
DSC

Syracuse, NY

#15 Mar 14, 2014
What does his last name rhyme with?
kathy

New Hartford, NY

#16 Mar 14, 2014
DSC wrote:
What does his last name rhyme with?
Why?
DSC

Syracuse, NY

#17 Mar 14, 2014
Wonder who this DB is..
this

Rome, NY

#18 Mar 14, 2014
kathy wrote:
<quoted text>
Yes..I have video surveiilance as well as my own eyes. I did not file an insurance claim nor a police report. I did not committee any fraud for God's sake.
I didn't say you did and you better listen to what I said. I have experience in this matter. Don't listen to these other people, they are only half right. For instance: if 2 Windows smashed that's 2 accounts of say $200 each which is not a felony. Every thing added up don't equal a felony. Hope you understand it better now
Been done that

Utica, NY

#19 Mar 14, 2014
this wrote:
<quoted text> I didn't say you did and you better listen to what I said. I have experience in this matter. Don't listen to these other people, they are only half right. For instance: if 2 Windows smashed that's 2 accounts of say $200 each which is not a felony. Every thing added up don't equal a felony. Hope you understand it better now
WRONG!$250.01 to $1,500.00 in damage is an E Felony. Two smashed windows at $200.00 each is $400.00!!!......as long as it happened during the same incident! If each window was damaged in separate incidents, you have two counts of an A misdemeanor based on the above "what if" bs. It jumps to a D felony when the damage Exceeds $1,500.00 in damage. Check the NYS Penal Law section 145.05 and 145.10. "Hope you understand it better now". You may want to look at stalking, I believe it is based on a course of continued conduct, should there be one?
kathy

New Hartford, NY

#20 Mar 15, 2014
Thankyou everyone. I've decided to file a report. I feel it will not only prove my point (video proof) and get him in trouble finally but also my car will get fixed and I can more easily justify the need for a protective order. I wish I had involved law enforcement the 50 or more other times he hurt me but I was afraid of repercussions etc. I so appreciate everyone's info and not turning it into the twisted joke that this site at times can be. Blessings to all of u.
Beans

Utica, NY

#21 Mar 15, 2014
the police? hahahahaha

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