Criminal Mischief in New York: What You Need to Know

What the Law Prohibits

Criminal mischief in New York means intentionally damaging someone else’s property. The law applies to various types of damage, including:

Common Types of Criminal Mischief:

• Graffiti/tagging – spray painting or defacing buildings, trains, or public property
• Vehicle vandalism – keying, smashing windows, slashing tires
• Breaking items – phones, computers, appliances, or signs
• Public property damage – benches, parks, statues, schools
• Tampering with utilities – gas, water, power lines, or telecom systems
• Computer crimes – deleting files, installing malware, damaging networks
• Agricultural or construction damage – crops, equipment, materials

Key Requirements:

• The act must be intentional
• The property must belong to someone else
• There must be real damage that costs money to fix
• The damage value determines the charge level

Penalties by Degree

4th Degree (Class A Misdemeanor)

• Damage: Over $250
• Penalty: Up to 1 year in jail + $1,000 fine
• Examples: Keying a car, breaking windows, minor graffiti

3rd Degree (Class E Felony)

• Damage: Over $1,500
• Penalty: Up to 4 years in prison
• Examples: Major vehicle damage, smashing electronics, repeated vandalism

2nd Degree (Class D Felony)

• Damage: Over $3,000
• Penalty: Up to 7 years in prison
• Examples: Business property destruction, large-scale vandalism

1st Degree (Class B Felony)

• Damage: Over $250,000
• Penalty: Up to 25 years in prison
• Examples: Destroying buildings, infrastructure sabotage, cyberattacks

Other Consequences:

• Restitution – Paying for repairs
• Community service
• Criminal record
• Civil lawsuits from property owners

What the State Must Prove

1. Intentional Act
   You meant to cause the damage or acted recklessly
2. Ownership
   The property didn’t belong to you
3. No Permission
   You had no authority to damage it
4. Actual Damage
   Measurable financial damage occurred
5. Damage Amount
   Prosecutors must show repair or replacement costs to support felony charges

They don’t have to prove:

• A motive
• That you knew the exact owner
• That the damage was permanent (temporary damage still counts)

Common Defenses

• The damage was an accident
• Permission was given
• The property was yours
• The damage amount is lower than claimed
• Someone else caused the damage