One of the most common non-violent crimes that individuals find themselves accused of in Rochester is criminal mischief. Criminal mischief involves the intentional (and sometimes reckless) destruction of property belonging to someone else. What is troublesome for those accused of criminal mischief is the fact that the degree they are charged with depends on the amount of damage done to the property in question. The severity of a criminal mischief charge increases dramatically upon the government showing even relatively minor damage (in excess of $250). Furthermore the methods the government is allowed to use to prove the amount of damage in question can be subjective, such as expert testimony, and as a result the accused is put at a severe disadvantage. Another issue commonly arising in criminal mischief cases is whether or not the accused individual had the required intent to damage the property in question. Often times an individual will damage the property of another accidentally and will still end up charged with criminal mischief.

In Rochester, New York, there are four degrees of criminal mischief, and as mentioned above, the difference between each degree is largely based on the amount of property damage alleged by the government. Criminal mischief fourth degree is the base level offense, and involves any damage done intentionally to another’s property, or damage done recklessly in excess of $250.

[1] For purposes of criminal mischief, a person is deemed to have acted intentionally when it was their conscious objective to cause damage to the property of another person.[2] Furthermore an individual is deemed to have acted recklessly when they are aware of and consciously disregarded a substantial and unjustifiable risk that damage to the property of another (in excess of $250) would occur.[3]

Criminal mischief is upgraded to third degree when an individual intentionally damages the property of another, and the damage is in excess of $250. Or alternatively, an individual breaks into an automobile, with the intent to steal property, and has in the past been convicted three times in the past ten years of any degree of criminal mischief. Criminal mischief is further upgraded to second degree when an individual intentionally damages property of another and the damage exceeds $1,500. Lastly, criminal mischief in the first degree, the most severe level of criminal mischief, occurs when an individual intentionally damages the property of another with an explosive, regardless of the amount of damage done. Thus for example, if someone places a firecracker in a mailbox, and the mailbox is damaged, then that individual may be charged with criminal mischief first degree, among other things.[4]

The severity of the punishments associated with criminal mischief escalates rather quickly from each degree. Criminal mischief fourth degree (PL 145.00) which is classified as an “A” misdemeanor, which is punishable by either one (1) year in jail or three (3) years of probation, and with a fine of $1,000. Criminal mischief third degree (PL 145.05) is an “E” felony, which is punishable by either up to four (4) years in state prison or five (5) years of probation, and with a fine of $5,000. Criminal mischief second degree (PL 145.10) is a “D” felony, which is punishable by either up to seven (7) years in state prison or (5) five years of probation, and with a fine of $5,000. Lastly criminal mischief first degree (PL 145.12) is a “B” felony (the third highest level of crime in New York), it carries up to a twenty-five (25) years in state prison or five (5) years of probation, and requires a $5,000 fine.[5]

Criminal Mischief 4th Degree (PL 145.00) in Rochester

A person is guilty of criminal mischief in the fourth degree when, having no right to do so nor any reasonable ground to believe that he or she has such right, he or she:

  1. Intentionally damages property of another person; or
  2. Intentionally participates in the destruction of an abandoned building as defined in section one thousand nine hundred seventy-one-a of the real property actions and proceedings law; or
  3. Recklessly damages property of another person in an amount exceeding two hundred fifty dollars; or
  4. With intent to prevent a person from communicating a request for emergency assistance, intentionally disables or removes telephonic, TTY or similar communication sending equipment while that person: (a) is attempting to seek or is engaged in the process of seeking emergency assistance from police, law enforcement, fire or emergency medical services personnel; or (b) is attempting to seek or is engaged in the process of seeking emergency assistance from another person or entity in order to protect himself, herself or a third person from imminent physical injury. The fact that the defendant has an ownership interest in such equipment shall not be a defense to a charge pursuant to this subdivision.

Criminal Mischief 3rd Degree (PL 145.05) in Rochester

A person is guilty of criminal mischief in the third 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 or she has such right, he or she:

  1. damages the motor vehicle of another person, by breaking into such vehicle when it is locked with the intent of stealing property, and within the previous ten year period, has been convicted three or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of criminal mischief in the fourth degree as defined in section 145.00, criminal mischief in the third degree as defined in this section, criminal mischief in the second degree as defined in section 145.10, or criminal mischief in the first degree as defined in section 145.12 of this article; or
  2. damages property of another person in an amount exceeding two hundred fifty dollars.

Criminal Mischief 2nd Degree (PL 145.10) in Rochester

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 1st Degree (PL 145.12) in Rochester

A person is guilty of criminal mischief in the first 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 by means of an explosive.

Conclusion

Criminal mischief is a serious crime in Rochester that can carry severe penalties. The threshold that turns criminal mischief from a misdemeanor to a felony is extremely low as it does not take much for property to be damaged in excess of $250. Furthermore, often the property damage was in fact not intentional and so the accused individual’s intent is in dispute. These types of issues need to be argued by experienced criminal defense attorneys to guarantee the most favorable outcome in your case. No one should be without an attorney especially when facing a criminal charge, let alone a felony.

[1] New York Penal Law Section 145.00
[2] New York Penal Law Section 15.05(1)
[3] New York Penal Law Section 15.05(3)
[4] New York Penal Law Article 145
[5] New York Penal Law Title E