When a person damages another party’s property in New York, it can result in that individual being arrested for criminal mischief. While criminal mischief is most commonly associated with vandalism, the crime applies to several different kinds of property damage.
Criminal mischief can be misdemeanor offense, but any alleged act that results in more than $250 damage to a person’s property will result in felony charges. In such cases, convictions can result in very stiff consequences, including lengthy prison sentences.
Attorney for Criminal Mischief Arrests in Nassau County, NY
If you were arrested in New York City for an alleged criminal mischief offense, it will be in your best interest to exercise your right to remain silent until you have legal representation. Law Office of Stephanie Selloni defends clients charged with property crimes in communities all over Long Island, such as Massapequa Park, North Hempstead, Glen Cove, Garden City, Freeport, and many others.
Stephanie Selloni is an experienced criminal defense lawyer in Garden City who will work tirelessly to help you achieve the most favorable outcome to your case that results in the fewest possible consequences. You can have our attorney provide a complete evaluation of your case when you call (516) 972-1212 to schedule a free initial consultation.
New York Criminal Mischief Information Center
- How are criminal mischief crimes graded?
- What are the possible sentences people can receive if convicted?
- Where can I learn more about criminal mischief in Garden City?
Under New York Penal Law § 145.00, a person commits the class A misdemeanor offense 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:
- Intentionally damages property of another person;
- Intentionally participates in the destruction of an abandoned building;
- Recklessly damages property of another person in an amount exceeding $250; or
- With intent to prevent a person from communicating a request for emergency assistance, intentionally disables or removes telephonic, teletypewriter (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.
New York Penal Law § 145.05 establishes that a person commits the class E felony offense of criminal mischief in the third degree when, with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he or she has such right, he or she:
- damages the motor vehicle of another person, by breaking into such vehicle when it is locked with the intent of stealing property, and within the previous 10-year period, has been convicted three or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of criminal mischief in the fourth degree, criminal mischief in the third degree, criminal mischief in the second degree, or criminal mischief in the first degree; or
- damages property of another person in an amount exceeding $250.
Under New York Penal Law § 145.10, a person commits the class D felony offense of criminal mischief in the second degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he or she damages the property of another person in an amount exceeding $1,500.
New York Penal Law § 145.12 establishes that a person commits the class B felony offense of criminal mischief in the first degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he or she has such right, he or she damages property of another person by means of an explosive.
The possible sentence a person will receive if convicted of criminal mischief will depend on the degree of the crime he or she has been charged with. In general, the statutory maximum punishments allowed for such convictions are as follows:
- Class A Misdemeanor — Up to one year in jail;
- Class E Felony — Up to four years in prison;
- Class D Felony — Up to seven years in prison; or
- Class E Felony — Up to 25 years in prison.
In addition to criminal mischief charges, alleged offenders could also face criminal charges for related offenses such as criminal tampering, cemetery desecration, or possession of graffiti instruments.
Crime in New York | New York, NY Crime Map | SpotCrime — SpotCrime aggregates crime data using information from police departments, news reports, and user-generated content, then maps the incidents and plots them on Google Maps. Use this website to view recent vandalism arrests in Apple Valley as well as arson, burglary, and robbery offenses. You can also submit crime tips and register to receive alerts.
Mayor’s Anti-Graffiti Task Force — On July 11, 1995, Mayor Rudolph W. Giuliani signed Mayoral Executive Order No. 24, creating the Anti-Graffiti Task Force, a multi-agency effort under the guidance of the Mayor’s Office and Police Department to develop a vast array of anti-graffiti programs. The basis for this order was the “Broken Window” theory that unaddressed disorder is a sign that no one cares and actually invites further disorder. Visit this website to learn more about the agencies involved in the Anti-Graffiti Task Force.
Law Office of Stephanie Selloni | Garden City Criminal Mischief Defense Lawyer
Were you arrested for criminal mischief in New York City? Do not make any statement to authorities until you have first contacted Law Office of Stephanie Selloni.
Nassau County criminal defense attorney Stephanie Selloni represents individuals in Hempstead, Mineola, Lynbrook, Oyster Bay, Long Beach, and several surrounding areas of Long Island. Call (516) 972-1212 or fill out an online contact form to have our lawyer review your case and help you understand all of your legal options during a free initial consultation.