New York Penal Law 145.00: Criminal Mischief in the Fourth Degree

Criminal mischief in the fourth degree is a class A misdemeanor in New York that makes it illegal to intentionally damage someone else’s property when you have no right to do so. This article will explain what constitutes criminal mischief in the fourth degree, penalties if convicted, and potential defenses. Lots of info here folks, so buckle up!

What is Criminal Mischief in the Fourth Degree?

New York Penal Law 145.00 defines criminal mischief in the fourth degree as intentionally damaging another person’s property when you have no right to do so[1]. There are a few ways you can commit this crime:

• Damaging someone else’s property on purpose when you have no right to do so[2]. This is the most common way people violate this law.
• Participating on purpose in destroying an abandoned building[3]. This covers people who damage vacant or unoccupied buildings without permission.
• Recklessly damaging someone else’s property in an amount over $250[4]. This applies if you didn’t mean to damage the property but were reckless in your actions.

So in a nutshell, if you damage stuff that doesn’t belong to you, you could be charged with criminal mischief. Seems pretty straightforward, right?

Penalties for Criminal Mischief 4th Degree

As a class A misdemeanor, criminal mischief in the fourth degree can have some pretty serious penalties[5]:

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Legal Scenario: What Would You Do?

Scenario

After a heated argument with your roommate, you smashed their laptop screen and kicked a hole in their bedroom door. The police arrived and charged you with criminal mischief in the fourth degree under New York Penal Law 145.00.

What am I facing for a criminal mischief charge, and is there any way to get this reduced or dismissed?

Attorney's Answer

Criminal mischief in the fourth degree under NY Penal Law 145.00 is a class A misdemeanor, which carries up to one year in jail, three years of probation, and fines up to $1,000 — plus restitution for the damaged property. However, depending on the value of the damage and your criminal history, we may be able to negotiate a reduction to a violation or pursue an adjournment in contemplation of dismissal (ACD), which would result in no criminal record if you stay out of trouble. A strong defense could also challenge whether the damage was truly 'intentional' as the statute requires, since reckless or accidental damage does not satisfy the elements of this offense. We would review all the evidence, including witness statements and the estimated cost of repairs, to build the strongest possible case for dismissal or reduction.

This is general information only. Contact us for advice specific to your situation.

• Up to 1 year in jail
• Up to 3 years probation
• Fines (the amount depends on circumstances)
• Restitution to pay for damage caused

That’s right, you could end up with jail time just for damaging someone’s property! Not fun. And even if you don’t get jail time, fines and restitution can be costly.

Defenses for Criminal Mischief Charges