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FROM THE DEFENSE DESK / NEW YORK PENAL LAW
6 MAR 2026 · 1 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: NEW YORK PENAL LAW · THEFT & PROPERTY CRIMES
DOCKET NO. 084 · THE DEFENSE DESK

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

Learn about New York Penal Law 145.00—Criminal Mischief in the Fourth Degree. Discover what constitutes this property crime, potential penalties like jail or probation, common legal defenses, and real case examples. Understand your rights, what prosecution must prove, and why consulting a New York criminal mischief attorney is crucial if charged.

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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]:

  • 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

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