NY Criminal Mischief Lawyer

Criminal Mischief Lawyer in New York

Criminal mischief in New York State is a property crime involving intentional or reckless damage to another person’s property without permission. The severity of the offense and associated penalties depend on the extent of damage and specific circumstances.

Key Statutes

New York Penal Law defines several degrees of criminal mischief:

1. Criminal Mischief in the Fourth Degree (NY Penal Law § 145.00)
   • Class A misdemeanor
   • Intentionally damaging another’s property (any amount)
   • Recklessly damaging property worth over $250
   • Participating in destroying an abandoned building
2. Criminal Mischief in the Third Degree (NY Penal Law § 145.05)

1. Class E felony
2. Damage exceeding $250
3. Criminal Mischief in the Second Degree (NY Penal Law § 145.10)

1. Class D felony
2. Intentionally damaging property worth over $1,500
3. Criminal Mischief in the First Degree (NY Penal Law § 145.12)

1. Class B felony
2. Destroying property using explosives

Penalties

Penalties for criminal mischief range from up to one year in jail for fourth-degree offenses to up to 25 years in prison for first-degree offenses12. Fines may also be imposed.

Related Offenses

Criminal mischief is often associated with other property crimes, including:

• Making graffiti
• Criminal tampering
• Burglary
• Arson
• Trespass

In domestic violence cases, criminal mischief charges may also be filed4.

Defenses

Common defenses against criminal mischief charges include:

• Lack of intent
• Accidental damage
• Damage value below the statutory threshold
• Having permission or reasonable belief of permission to damage the property

It’s crucial for individuals charged with criminal mischief to seek experienced legal counsel to navigate the complexities of these laws and potential defenses.