§ 145.00 Criminal mischief in the fourth degree - New York

A person is guilty of criminal mischief in the fourth degree when, having no right to do so nor any reasonable ground to believe that he or she has such right, he or she:

1. Intentionally damages property of another person; or

2. Intentionally participates in the destruction of an abandoned building as defined in section one thousand nine hundred seventy-one-a of the real property actions and proceedings law; or

3. Recklessly damages property of another person in an amount exceeding two hundred fifty dollars; or

4. With intent to prevent a person from communicating a request for emergency assistance, intentionally disables or removes telephonic, TTY or similar communication sending equipment while that person: (a) is attempting to seek or is engaged in the process of seeking emergency assistance from police, law enforcement, fire or emergency medical services personnel; or (b) is attempting to seek or is engaged in the process of seeking emergency assistance from another person or entity in order to protect himself, herself or a third person from imminent physical injury. The fact that the defendant has an ownership interest in such equipment shall not be a defense to a charge pursuant to this subdivision.

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

§ 145.00 Criminal mischief in the fourth degree - Penalties

• Up to 364 days in jail (even for a first offense)
• Probation for up to 3 years
• Combination of jail and probation
• DNA database
• Permanent criminal record
• Immigration, travel, employment consequences

Criminal mischief is, generally, property damage in a situation where the offender damages property without the right to do so. It can be charged in the context of angry disagreements, domestic violence, or in situations where intoxication or other factors play a role. Following arrest for criminal mischief, the NYPD may bring you to central booking to see a judge right away or they may arrest and release you with a desk appearance ticket directing you to appear in criminal court for arraignment at a future date. Arraignment is when you and your lawyer are able to review the charges and enter a plea.

If you or a loved one has been charged with PL 145.00 in New York City, contact us for a consultation to go over ways to avoid a criminal record and criminal penalties.