What Is The Penalty For Cemetery Desecration in the First Degree?

A Buffalo teenager charged with Cemetery Desecration in the First Degree faces a class E felony charge.

This is a criminal offense which carries serious penalties.

A first time offender convicted of this offense faces a potential prison sentence of up to four years.

As an alternative to jail, the Court may impose up to five years of probation. Both a jail sentence and probation are possible where the jail sentence is less than six months.

The Court may also impose a fine of up to $5,000 in addition to or in place of any other sentence.

There is also a mandatory surcharge of $300, a crime victim assistance fee of $25, and a DNA fee of $50.

Additionally, in almost all cases involving damage to a cemetery, the Court will require payment of restitution for the damages.

New York State law also specifically authorizes the Court to require a person convicted of this offense to perform community service cleaning and maintaining a cemetery.

Because this is a felony offense, the Court is not required to grant youthful offender status to a first time offender who was 18 years of age or younger at the time of the offense.

Whether youthful offender status will be granted is at the Court’s option.

A teenager granted youthful offender adjudication is not considered to have been convicted of a crime and the criminal record is sealed.

While some teenagers may think of causing damage at a cemetery as a minor prank, doing so can have very serious criminal consequences.

If your child needs an experienced criminal defense attorney, we can be reached at 716-542-5444.

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