25 Sep 23

new york penal law 145 65 possession of graffiti instruments

| by

Last Updated on: 29th September 2023, 05:45 am

Fighting Charges Under NY Penal Law 145.65 – Possession of Graffiti Instruments

Being accused of possessing graffiti instruments under New York Penal Law 145.65 can lead to fines, probation, and even jail time if convicted. But an experienced criminal defense lawyer can often get the charges reduced or dismissed.

Read on to understand this graffiti law, potential defenses, and how the right attorney can help protect your record and rights.

What is NY Penal Law 145.65 – Possession of Graffiti Instruments?

Under Penal Law 145.65, a person commits possession of graffiti instruments when they possess any tool, instrument, or substance designed to etch, paint, cover, draw upon or otherwise place a mark on public or private property without permission according to NY criminal defense lawyers [1].

This includes:

  • Spray paint
  • Markers
  • Paint pens
  • Etching tools
  • Paint solvents

The key is possessing instruments commonly used for graffiti with intent to use them illegally. Simply buying art supplies is not criminal.

Penalties for Possessing Graffiti Instruments in New York

Possession of graffiti instruments is a Class B misdemeanor in New York according to the NY State Senate [4]. Potential penalties include:

  • Up to 3 months in jail
  • Fines up to $500
  • Community service
  • Probation up to 1 year

The penalties increase for second and third offenses within 5 years according to NY Courts [3].

Common Defenses a Lawyer Can Raise Against NY Penal Law 145.65

Skilled criminal defense attorneys often get graffiti instrument possession charges dismissed pre-trial by arguing according to NY criminal lawyers [2]:

  • You did not intend to use the instruments illegally
  • The instruments were for legitimate artistic purposes
  • The instruments were already used or empty
  • You did not knowingly possess the instruments
  • The instruments were for household/office use

An attorney thoroughly investigates the circumstances of your arrest to build the strongest defense.

Are There Any Legal Uses of Graffiti Instruments in New York?

Yes, possession of graffiti instruments is lawful if they are used for legal purposes like according to FindLaw [5]:

  • Commercial sign painting
  • Automotive pinstriping
  • Artistic murals on your own property
  • Touching up office whiteboards
LEARN MORE  NYC Felony Lawyers

Your lawyer can argue you planned non-criminal uses for the instruments.

Fighting Possession of Graffiti Instruments Charges Under NY Penal Law 145.65

Don’t go it alone if charged under NY Penal Law 145.65 for possessing graffiti instruments. An experienced criminal defense lawyer can protect your rights and build the strongest defense against the allegations.

They will thoroughly investigate your arrest, raise key defenses, negotiate with prosecutors, and advocate for dismissal or reduction of charges. With an aggressive legal strategy, many graffiti instrument possession cases can be resolved with minimal penalties.