Are You At Risk Of Prosecution For Criminal Mischief In New York? 

Criminal mischief is a vague-sounding crime that is primarily focused on punishing the damaging and destruction of property. Criminal mischief can occur in many different settings and have varying levels of damage and destruction. Due to these facts, there are many situations where you may be vulnerable to a charge of criminal mischief such as:

• Being present in or around abandoned buildings
• Being present in the area of the property that has been recently damaged
•  Being found near a valuable piece of personal property that has been severely damaged or completely destroyed.

Statutes Governing Criminal Mischief In New York

Criminal mischief, under New York law, is divided into four degrees based upon the particular details and circumstances surrounding the crime. Article 145 of the New York Penal Law covers criminal mischief and related offenses. Let’s dive into each of the criminal mischief crimes in depth:

Criminal Mischief in the Fourth Degree

Criminal mischief in the fourth degree is a class A misdemeanor.

• NY PL § 145.00

You are guilty of the crime of criminal mischief in the fourth degree when you do one of the following, having no right to do so nor any reasonable grounds to believe you have the right to do so:

• Damage the property of another with the intent to do so;
• Participates in the destruction of an abandoned building intentionally;
• Damage the property of another recklessly, and the damages exceed two hundred and fifty dollars ($250); or
• Intentionally removing or disabling communication sending equipment with the intent of depriving another of communicating the need for emergency assistance to law enforcement, fire, police, or emergency medical personnel on behalf of themselves or a third party.

The defendant having an ownership interest in the communicating sending equipment, will not be a defense under the subsection.

• For example, if you and a few friends use a sledgehammer inside of a recently abandoned building, you may be charged with and convicted of criminal mischief in the fourth degree. The same may be true if on the walk home you are swinging the sledgehammer around and it slips out of your grasp and causes more than $250 in damage to a neighbors lawn furniture.

Criminal Mischief in the Third Degree

Criminal mischief in the third degree is a class E felony.

• NY PL § 145.05

You are guilty of the crime of criminal mischief in the third degree when you do the following, having no right to do so nor any reasonable grounds to believe you have the right to do so:

• Causing damage by breaking into the motor vehicle of another person with the intent of stealing property, and you have been convicted of one of the following crimes within the past ten (10) years:
• Criminal mischief in the fourth degree;
• Criminal mischief in the third degree;
• Criminal mischief in the second degree;
• Criminal mischief in the first degree; or
• Causing damage to the property of another person and the damage is in excess of two hundred and fifty dollars ($250).

• For example, if two years after being convicted for criminal mischief in the fourth degree for the sledgehammer related crimes, you pick the lock on your boss’s car in order to steal his expensive designer sunglasses, you may be charged with and convicted of criminal mischief in the third degree.

Criminal Mischief in the Second Degree

Criminal mischief in the second degree is a class D felony.

• NY PL § 145.10

You are guilty of the crime of criminal mischief in the second degree when you cause more than one thousand five hundred dollars ($1,500) worth of damage with the intent to do so and having no right to do so nor any reasonable grounds to believe you have the right to do so.

• For example, if you intentionally run over your neighbor’s top-of-the-line racing bicycle with your SUV and completely destroy it, you may be charged with and convicted of criminal mischief in the second degree.

Criminal Mischief in the First Degree

Criminal mischief in the first degree is a class B felony.

• NY PL § 145.12

You are guilty of the crime of criminal mischief in the first degree when you cause damage to the property of another via explosives with the intent to do so and having neither right to do so nor any reasonable grounds to believe you have the right to do so.

• For example, if you use a series of bottle rockets to destroy a sculpture on your neighbor’s law, you may be charged with and convicted of criminal mischief in the first degree.

• NY PL § 145.13 

States that under the definition of “property of another” is included property that multiple people may have an ownership interest in, even if the person is causing the damage has an ownership interest in the property.

• In other words, if you and your friend are the joint owners of a camera used for your photography business and you destroy the camera, the fact that you are part owner of the camera is not an affirmative defense to the criminal mischief charge you are likely to face.

Federal Statutes on Criminal Mischief 

Federal law also has statutes covering crimes very similar to the crimes of criminal mischief under New York law. Chapter 65 of Title 18 of the United States Code covers the crimes of “malicious mischief.”  Let’s take a quick look at the nine (9) offenses listed under this chapter:

Government property or contracts

18 U.S.C. § 1361

You violate this statute when you cause damage to any property of the United States or any of its agencies or departments.

If the value of the property is less than one thousand dollars ($1,000), the punishment is less than a year in prison and/or a fine. If the value of the property is in excess of one thousand dollars ($1,000), the punishment is up to ten (10) years in prison and/or a fine.

Communication lines, stations, or systems

18 U.S.C. § 1362

You violate this statute when intentionally destroy any property related to any means of communication operated or controlled by the United States. This statute is also violated if you attempt to delay or hinder any communications traveling along these communication channels.

The punishment for committing this crime is a period of imprisonment not to exceed ten (10) years and/or a fine.

Buildings or property within the special maritime and territorial jurisdiction

18 U.S.C. § 1363

You violate this statute when you intentionally damage or destroy any property located within the special maritime and territorial jurisdiction of the United States.

The punishment for committing this crime is a period of imprisonment not to exceed five (5) years and/or a fine. If the property damaged is a dwelling or the damage places human life in jeopardy, the penalty increases to a period of imprisonment not to exceed twenty (20) years and/or a fine.

Interference with foreign commerce by violence

18 U.S.C. § 1364

You violate this statute when you intentionally interfere with the exportation of goods from the United States to foreign countries or interfere with or damage those goods via fire or explosives.

The punishment for committing this crime is a period of imprisonment not to exceed twenty (20) years and/or a fine.

Tampering with consumer products

18 U.S.C. § 1365

This statute covers situations where an individual tampers with, taints, or communicates falsehoods on the label of a product that affects interstate or foreign commerce.

The penalties for committing this crime vary greatly depending on the outcome of the tampering. If death is the result, you could face life in federal prison.

Destruction of an energy facility

18 U.S.C. § 1366

You violate this statute when you knowingly and willfully damage or attempt to damage a facility that produces, stores, or transmits any source of energy.

If the damage is more than five thousand dollars ($5,000) but less than one hundred thousand dollars ($100,000), the penalty is imprisonment not to exceed five (5) years and/or a fine.

If the damage is in excess of one hundred thousand dollars ($100,000) or causes a significant interruption or impairment to the facility, the punishment is imprisonment not to exceed twenty (20) years and/or a fine. Furthermore, if the crime results in the death of an individual, you may face a life sentence.

Interference with the operation of a satellite

18 U.S.C. § 1367

You violate this statute when you interfere with the operation of a satellite or when you hinder or obstruct the communications of a satellite dish intentionally.

The punishment for committing this crime is imprisonment not to exceed ten (10) years and/or a fine.

Harming animals used in law enforcement

18 U.S.C. § 1368

You violate this statute when you maliciously and willfully harm or attempt to harm a police animal (dog or horse), and this animal’s primary purpose was aiding in law enforcement duties.

If you only cause temporary damage to the animal, you may face up to one (1) year imprisonment and/or a fine. If the animal is killed or permanently disabled, you may be imprisoned for up to ten (10) years and/or fined.

Destruction of veterans’ memorials

18 U.S.C. § 1369

You violate this statute when you travel between states too or use the mail to effectuate the damage to or destruction of a monument on public property commemorating the service of members of the United States armed forces.

You likewise violate this statute when you damage or destroy a monument to members of the United States armed forces that are located on property owned by the United States Federal Government.

The penalty for committing this crime is imprisonment not to exceed ten (10) years and/or a fine.

Related Offenses 

There are some related offenses to the crimes of criminal mischief that you might find yourself facing. Let’s explore some of these other crimes:

Cemetery Desecration

NY PL § 145.22 – 145.23

• A person desecrates a cemetery in the second degree when they intentionally damage any real property maintained at a cemetery or place of internment.
• If the damage caused is in excess of $250, the crime rises to cemetery desecration in the first degree.
• Furthermore, if you have been convicted of cemetery desecration in the second degree in the past five (5) years, the crime will be in the first degree regardless of the number of damages.
• If Joe enters a cemetery and paints graffiti on a large mausoleum and the cost to remove the graffiti is $400, Joe will likely be charged with cemetery desecration in the first degree.
• Cemetery desecration in the second degree is a Class A Misdemeanor
• Cemetery desecration in the first degree is a Class E Felony

Unlawfully Posting Advertisements

NY PL § 145.30

• A person unlawfully posts advertisements when he/she post, paints, or affixes in some way an advertisement to the property of another and that advertisement benefits someone other than a property owner.
• It is assumed in the case of a commercial advertisement, that the vendor of the particular product placed the advertisement.
• If Todd posts a comedy show lineup for his comedy club on the side of a local restaurant, he is likely to be charged with unlawfully posting advertisements
• Unlawfully posting advertisements is a violation

Trespass

NY PL § 140.05

• A person commits trespass when he/she knowingly enters or remains upon a premise unlawfully.
• If Trevor climbs the fence into his neighbor’s yard, he may be charged with trespass.
• Trespass is a violation

Agencies Investigating Criminal Mischief 

A wide swath of law enforcement officials investigates the crime of criminal mischief. Patrol officers from local, state, and federal law enforcement agencies are constantly on the lookout for criminal mischief.

On the federal level, agencies such as the Food and Drug Administration (FDA) and the Department of Agriculture (DOA) may be tasked with investigating crimes related to tampering with a consumer product. Furthermore, since some products may be traveling out of the country, there is the possibility of Customs and Border Patrol (CBP) getting involved.

Depending on the instruments used to commit the crimes, there may be involvement from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Criminal mischief is a crime that is of concern to law enforcement agencies across jurisdictions. With so many agents investigating and prosecuting the crime, shouldn’t you have a legal expert on your side?

Statutory Penalties For Criminal Mischief In New York

The penalties for criminal mischief in New York vary depending on the degree of the offense. Article 145 of the New York Penal Law outlines criminal mischief and related offenses. Criminal mischief in the fourth degree is a class A misdemeanor, punishable by up to one (1) year in prison or three (3) years of probation, and a fine not to exceed $1,000 or double the amount of the gain from the crime.

Criminal mischief in the third degree is a class E felony, punishable by a maximum of four (4) years imprisonment or probation, and a fine. Criminal mischief in the second degree is a Class D felony punishable by a maximum of seven (7) years imprisonment or probation and a fine.

Criminal mischief in the first degree is a class B felony, punishable by a maximum of twenty-five (25) years imprisonment, and a fine.

Defenses To Criminal Mischief

Under New York law, there may be some defenses available to you when facing criminal mischief charges. You may have had permission to damage the property at issue. If not, you may have had reasonable ground to believe you had permission to cause the damage.

It is possible that you were not the one that caused the damage. It may also be true that you caused damage, but it did not cross the necessary statutory threshold in the number of damages. You may also be able to contest the means by which you caused the damage to the property.

With the defenses being so closely linked to the specific circumstances of your case, it is imperative to retain an attorney. When building a successful defense strategy, every second count so, doesn’t delay, call us today!

We Are Here To Help, Call Us Now!

Criminal mischief is a serious crime that can have some harsh legal consequences. With the potential for fines, probation, and even jail time having a knowledgeable lawyer can make all the difference in the world.

The justice system values personal and real property very highly and takes crimes against these pieces of property extremely seriously. Retaining counsel early on in the legal process ensures the highest likelihood of a positive outcome for you.

For any questions about criminal mischief in New York, or to have a confidential consultation with one of our knowledgeable criminal defense attorneys, please reach out to use today. We have a nearby office that will be able to assist you.