Criminal Mischief

What Is Criminal Mischief?

In New York State, a charge of Criminal Mischief refers to the intentional damaging of someone else’s property without a lawful right or justification. It is outlined in Article 145 of the New York Penal Law, and the severity of the charge depends on the extent of the damage and other factors such as use of explosives or prior convictions.

Definition of Criminal Mischief (NY Penal Law § 145.00 – § 145.12)

Criminal Mischief generally involves intentionally damaging or destroying the property of another person, such as:

• Breaking windows

• Keying a car

• Graffiti or vandalism

• Tampering with utilities

• Damaging electronic devices, doors, or locks

The larger the value of the property damaged, the greater the degree of Criminal Mischief.  For example, if the damaged property is over $1,500.00, the charge  rises to Criminal Mischief in the Second Degree, a class D felony. If the property is damaged with an explosive, then the charge is Criminal Mischief in the First Degree, a class B felony.

Degrees of Criminal Mischief Charges in New York

There are four degrees, ranging from a Class A misdemeanor to a Class B felony:

1. Criminal Mischief in the Fourth Degree – NY Penal Law § 145.00

   • Class A misdemeanor

   • Involves any intentional damage to another’s property, regardless of value.

   • Penalty: Up to 1 year in jail.

2. Criminal Mischief in the Third Degree – NY Penal Law § 145.05

   • Class E felony

   • Damage exceeds $250, or the person has prior convictions.

   • Penalty: Up to 4 years in prison.

3. Criminal Mischief in the Second Degree – NY Penal Law § 145.10

   • Class D felony

   • Damage exceeds $1,500.

   • Penalty: Up to 7 years in prison.

4. Criminal Mischief in the First Degree – NY Penal Law § 145.12

   • Class B felony

   • Involves use of explosives to damage property.

   • Penalty: Up to 25 years in prison.

Key Elements the Prosecution Must Prove

• Intent: The act must be intentional—not accidental or reckless.

• Damage: Actual damage must have occurred.

• Ownership: The property must belong to someone else.

If you or someone you know is charged with criminal mischief, you need an experienced New York criminal defense lawyer who knows the law and can put your best defense forward. Julie Rendelman is a former New York Prosecutor with over 20 years experience. Call for a free consultation at 212-951-1232.