Ny – Road Rage Incident Led To Felony Charge. Questions About Charge Escalation + Order Of Protection

I was driving across the country alone for a move and had a road rage incident on the last day of my trip in New York.

The car in front of me was braking every few seconds, so I stayed far back. A car behind me got frustrated and passed both of us. When I later tried to pass the braking car, they sped up while I was in the oncoming lane, which put me in danger. I was able to pass safely and then gave them the middle finger.

A few minutes later, I stopped at a red light. The passenger (husband) got out of that car, came to my driver’s side door, tried to open it, spat on my window, and kicked the back of my car, causing about $5,000 in damage. He then got back in the car and they left.

I called 911 and followed them long enough to give a description and license plate. NY state troopers arrested him shortly after. He was charged with criminal mischief in the 3rd degree (felony) and endangering the welfare of a child (his child was in the car). Forensics even swabbed the spit for DNA, and there’s a clear footprint on my car from the kick that they took pictures and measurements of.

This was a rental car insured through my Amex card which has really complicated the situation.

My questions:

1. If the repair estimate comes back over $1,500 (likely $3k–$6k), is there a chance the charge gets upgraded to 2nd degree criminal mischief? Or is that unlikely after initial charges are filed? Also, how likely is it that this gets pled down? 2. At the time, I declined an order of protection because I thought he lived far away. I’ve since learned he lives much closer, and I’m reconsidering. • If I file for an order of protection now, will he receive my name/address? • The sheriff told me my info was redacted from the police report, but not if I pursue the order. 

For context, I’m now alone in a new city and this situation has made me pretty uneasy. I haven’t been able to drive since.

Any insight on how NY typically handles charge escalation and orders of protection would be appreciated.

Location: Upstate New York