
Potential Defenses to Criminal Mischief in New York StateĪlthough there is no such thing as a “one size fits all” defense to any crime in New York, experienced New York criminal defense attorneys know what to look for in any allegation. In addition to these crimes, Criminal Mischief often “rears its head” in the domestic violence context.
Criminal Possession of Graffiti Instruments. Crimes Associated with Criminal Mischief in New York Stateīecause Criminal Mischief is a property crime, typical offenses that are charged with it are as follows: First time offenders with verifiable local addresses may be issued a New York City Desk Appearance Ticket if they are arrested with this crime and it is not graffiti related. NY Penal Law section 145.00 is an “A” misdemeanor punishable by up to a year in jail. It is the intent to do this damage without permission to do so. You are guilty of Criminal Mischief in the Fourth Degree if (1) you intentionally damage another person’s property regardless of the amount of damage or (2) you participate in the destruction of an abandoned building or (3) you recklessly damage someone else’s property in an amount that exceeds $250.Īs it is with the felony Criminal Mischief crimes, unless specified, the type of property is irrelevant, meaning, you could damage someone’s cell phone, television or clothing. Criminal Mischief in the Fourth Degree: - New York Penal Law 145.00 The statutory basis for all Criminal Mischief crimes from New York City to Westchester County and beyond is the misdemeanor offense of Criminal Mischief in the Fourth Degree pursuant to New York Penal Law 145.00. In some circumstances, even recklessly damaging property is criminal. Generally speaking, if you intentionally damage property without permission or authority or do so without any reasonable ground to believe you had such a right, then you have perpetrated Criminal Mischief. 145.00 to as much as twenty five years in state prison for violating New York Penal Law section 145.12. Ranging from an “A” misdemeanor to a “B” felony, the punishment can be as “little” as up to one year in jail for violating New York Penal Law section.
One of the more common non-violent and property related crimes handled by New York criminal defense lawyers is Criminal Mischief.
New York Domestic Violence Arrest, Crimes & Laws