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NY Penal Law § 145.10: Criminal Mischief in the Second Degree
Criminal mischief in the second degree, NY Penal Law § 145.10, is intentionally damaging someone else’s property when the damage is more than $1,500. On Long Island these charges usually involve damaged cars, homes and phones during domestic disputes, and vandalism. It is a class D felony. Richard Hochhauser of Hochhauser Criminal & DWI Defense, PLLC is a former Long Island prosecutor who defends criminal mischief charges in Nassau County and Suffolk County courts.
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NY Penal Law § 145.10 at a glance
| Criminal mischief in the second degree | |
|---|---|
| Statute | NY Penal Law § 145.10 |
| Charge level | Class D felony (non-violent) |
| Damage threshold | More than $1,500 |
| Maximum prison term | Up to 7 years |
| Lower charges | Criminal mischief in the third degree (over $250) and fourth degree |
What NY Penal Law § 145.10 says
A person is guilty of criminal mischief in the second degree when with intent to damage property of another person, and having no right to do so nor any reasonable ground to believe that he has such right, he damages property of another person in an amount exceeding one thousand five hundred dollars.
Criminal mischief in the second degree is a class D felony.
Source: New York State Senate, official text. Read the full section, including any later amendments, before relying on it.
What the prosecutor has to prove
- You damaged property belonging to someone else.
- You intended to damage it.
- You had no right, and no reasonable ground to believe you had a right, to damage it.
- The amount of damage was more than $1,500.
Penalties for second-degree criminal mischief
| Outcome | What it means |
|---|---|
| Prison | Up to 7 years in state prison (class D felony). |
| Probation | Not a violent felony, so probation or a local jail sentence is possible. |
| Restitution | Paying for the damage is expected in almost every resolution and often drives the outcome. |
| Reduced outcome | Cases are frequently reduced to misdemeanor criminal mischief when the damage amount is disputed or restitution is paid. |
Charged with felony criminal mischief?
Call before your next court date. Consultations are free, in person at our Hempstead office or by video call or phone call. We answer 24/7.
How second-degree criminal mischief charges show up on Long Island
In the cases we’ve seen over the last two years, PL 145.10 charges come up more often in Nassau County.
Many of these charges come from domestic incidents, such as a damaged car, door or phone, and are often charged together with criminal contempt or harassment. Damage to the property of a person protected by an order of protection over $250 can also be charged as criminal contempt in the first degree.
In Nassau County, arrests are arraigned at the Nassau County District Court, 99 Main Street, Hempstead, NY 11550, across the street from our office. Felony cases that are indicted move to Nassau County Court, 262 Old Country Road, Mineola, NY 11501. In Suffolk County, arraignments are held at the Suffolk County District Court, First District, 400 Carleton Avenue, Central Islip, NY 11722. Indicted felony cases go to Suffolk County Court, Arthur M. Cromarty Criminal Court Complex, 210 Center Drive, Riverhead, NY 11901.
An example
During an argument, someone keys and dents a partner’s car. The body shop estimate is $2,300, so the charge is PL 145.10. The defense examines the estimate (repair cost versus value), whether all the damage happened at that time, and whether the car was jointly owned.
Defenses to a PL 145.10 charge
- Damage amount. Estimates are often inflated or include pre-existing damage. Under $1,500, the felony fails.
- Ownership. Jointly owned property, or a reasonable belief you had a right to it, can be a defense.
- Intent. Accidental damage is not criminal mischief in the second degree.
- Restitution strategy. Arranging payment through counsel can lead to a reduction.
Related offenses
- Criminal mischief in the third and fourth degree (PL 145.05, 145.00)
- Criminal contempt in the first degree (PL 215.51)
- Long Island domestic violence defense
NY Penal Law § 145.10: frequently asked questions
What is criminal mischief in the second degree in New York?
Under Penal Law 145.10, it is intentionally damaging another person’s property, without a right to do so, in an amount exceeding $1,500. It is a class D felony.
What are the different levels of criminal mischief?
Fourth degree (PL 145.00) is a misdemeanor for any intentional damage. Third degree (PL 145.05) is a class E felony for damage over $250. Second degree (PL 145.10) is a class D felony for damage over $1,500. First degree involves explosives.
How is the amount of damage measured?
Usually by the reasonable cost of repair or replacement. Estimates can be challenged, and pre-existing damage does not count.
Can criminal mischief 2nd degree be reduced?
Often, yes, especially when the damage amount is disputed or restitution is paid. Reductions to misdemeanor criminal mischief are common.
How much does a lawyer cost for this charge?
Hochhauser Criminal & DWI Defense, PLLC charges a flat fee, quoted after your free consultation, so you know the cost up front.
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This is general information about New York law, not legal advice about your case. Laws change, and the right defense depends on the facts. Prior results do not guarantee a similar outcome.
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