New York Penal Law § 145.00 – Criminal Mischief in the Fourth Degree

Criminal Mischief in the Fourth Degree is a crime prohibiting a wide range of conduct aimed at destroying or damaging another’s property when the defendant has no legal right to do so. Criminal Mischief in the Fourth Degree is a Class A misdemeanor, which makes it the least serious offense of its type.

Before a judge or jury can convict anyone of Criminal Mischief in the Fourth Degree, the government must prove each element of the offense beyond a reasonable doubt. The elements of Criminal Mischief in the Fourth Degree are:

• 1a.) The defendant intentionally damaged property belonging to another person; or
• 1b.) The defendant intentionally participated in the destruction of an abandoned building; or
• 1c.) The defendant recklessly damaged another’s property, causing damage in excess of $250; or
• 1d.) The defendant intentionally disabled a communication device or service to prevent others from calling the police, the fire department, or reporting an emergency; and
• 2.) The defendant had no legal right to do so and did not have a reasonable belief they were entitled to do so.

Some common examples of Criminal Mischief in the Fourth Degree include the following:

• A defendant places graffiti on the side of a business;
• A defendant breaks all the windows of an old, abandoned building;
• A defendant cuts the phone line to prevent his wife from reporting a domestic violence offense.

Often, prosecutors bring Criminal Mischief in the Fourth Degree charges along with one or more of the following:

• Criminal Mischief in the Third Degree – NY Penal Law § 145.05
• Criminal Mischief in the Second Degree – NY Penal Law § 145.10
• Criminal Mischief in the First Degree – NY Penal Law § 145.12
• Criminal Tampering in the Third Degree – NY Penal Law § 145.14
• Criminal Tampering in the Second Degree – NY Penal Law § 145.15
• Criminal Tampering in the First Degree – NY Penal Law § 145.20
• Reckless Endangerment of Property – NY Penal Law § 145.25
• Possession of Graffiti Instruments – NY Penal Law § 145.65

There are several defenses to Criminal Mischief in the Fourth Degree that can either reduce your sentencing exposure or result in the prosecution withdrawing the case against you or the jury returning a “not guilty” verdict. The most common defenses include the following:

• You had a legal right to damage or destroy the property (i.e., you owned the property);
• You honestly believed that you had a right to damage or destroy the property;
• Your actions in destroying or damaging the property were not intentionally designed to do so; and
• Your reckless actions resulted in damage to property, but the damage did not exceed $250.

Criminal Mischief in the Fourth Degree is a Class A misdemeanor. In New York, Class A misdemeanors carry a maximum sentence of up to 364 days in jail and a fine of up to $1,000.

If you are currently facing criminal mischief charges, it is important you understand what’s at stake and what you can do to prevent being convicted of the offense. At the New York criminal defense law firm of Tilem & Associates, P.C., our dedicated team of attorneys has more than 25 years of experience defending clients charged with the destruction of property and other property crimes. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.