PL 145: Criminal Mischief in New York

PL 145 is New York’s property damage crime, and the degree you are charged with turns almost entirely on a dollar figure that someone else estimated. Roughly 690 criminal mischief cases a year run through Nassau and Suffolk County District Court, most arising from arguments rather than vandalism. If you have been charged, call Hochhauser Criminal & DWI Defense at 516-939-1529.

PL 145 penalties by degree

Read the top row again, because it is the single most misunderstood thing about this statute. PL 145.00(1) has no dollar threshold at all. Intentionally damaging someone else’s property is a Class A misdemeanor whether the damage is five dollars or two hundred. The $250 figure that appears on most websites belongs to a different subdivision — PL 145.00(3), which covers reckless damage and is the only subdivision that requires a dollar amount at the misdemeanor level.

Neither felony carries mandatory prison for a first offender. Probation, a definite sentence of a year or less, and a conditional discharge are all available.

What the People have to prove

Every degree of criminal mischief opens with the same phrase: acting having no right to do so nor any reasonable ground to believe that he or she has such right. Then the People must prove you damaged property of another person, and — for the two felony degrees — that you did it intentionally rather than recklessly or accidentally.

Two consequences follow. Recklessness will not support PL 145.05 or PL 145.10 no matter how large the dollar figure. And a genuine belief that you had a right to act, even a mistaken one, goes directly to the opening element.

The dollar amount is the case

In a criminal mischief prosecution the damage figure is not background. It is the element that decides whether your client leaves with a misdemeanor or a felony, and it usually arrives as a single estimate from a body shop, a landlord, or the complainant.

That figure is attackable in ways prosecutors do not always expect. The measure is cost of repair or diminution in value — not replacement with something new, and not consequential losses. Pre-existing damage gets folded into estimates routinely. A cracked phone screen, a dented door, a scratched car: the difference between $240 and $260 is the difference between a misdemeanor and a felony, and nobody at the scene was thinking about that when they wrote a number down.

Getting an independent estimate early is often the most valuable single step in the case.

Defenses to a criminal mischief charge

• The damage amount. Challenge the estimate, the methodology, and any pre-existing damage folded into it. Driving the figure under a threshold reduces the charge by a whole grade.
• Claim of right. A genuine belief that you were entitled to act negates an element. This wins cases regularly in domestic, landlord-tenant, roommate and co-owned-property disputes — property you paid for, property in your own home, a car in both names.
• Intent. Accidental damage during an argument, or damage that was reckless at most, cannot support either felony degree.
• Property “of another.” Jointly owned property raises real questions about whose it was.
• Identification in vandalism cases, which frequently rest on poor video.
• Suppression where the evidence came from an unlawful search or entry.

Restitution and what it really costs

Almost every criminal mischief disposition involves restitution. Two things are worth knowing before you agree to a number. First, you are entitled to a hearing on the amount if the record does not support it or if you ask for one — the People must prove actual out-of-pocket loss by a preponderance, and consequential damages and pain and suffering are not included. Second, the court adds a surcharge of five percent of the restitution amount on top, and in some circumstances up to ten percent of what is actually collected.

Requesting the hearing should be routine, not exceptional. A restitution figure agreed to casually at a plea becomes a judgment.

Where criminal mischief cases are heard

Criminal mischief is also a family offense when the parties are related or share a household, which means it can proceed in criminal court, Family Court, or both. We handle both tracks across Nassau County and Suffolk County.

PL 145 frequently asked questions

I broke my own phone during an argument. Can I be charged?

Not under this statute, which requires damage to property of another person. Jointly owned property is more complicated and is exactly where claim of right becomes the defense.

Is criminal mischief a felony?

It depends on the amount and the mental state. Intentional damage of any amount is a misdemeanor; over $250 it becomes a Class E felony; over $1,500, a Class D felony.

What if I pay for the damage?

Paying does not dismiss the case, but full restitution before the court date changes the negotiation substantially and often supports a reduction or an adjournment in contemplation of dismissal.

The estimate seems way too high. What can I do?

Get your own estimate and ask for a restitution hearing. The complainant’s number is evidence, not a finding.

Speak with a Long Island criminal mischief lawyer

Richard Hochhauser has handled property damage cases in Nassau and Suffolk County District Court for years, from broken windows to disputed car damage. In most of them the fight is over a number and over whether you believed you had a right to do what you did — and both are winnable arguments.

This page provides general information about PL 145 criminal mischief in New York and is not legal advice. Every case turns on its own facts. Contacting our firm does not create an attorney-client relationship.