§ 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.