Criminal Defense Lawyers

New York Penal Law Section 145.25: Reckless Endangerment of Property

Last Updated on: 1st June 2025, 04:31 am

What NY Penal Law 145.25 Means – And Why You’re Reading This

You’re here because someone accused you of recklessly damaging property in New York. Maybe you got into it with your landlord and things got out of hand. Maybe you were doing construction work and something went wrong – now you’re facing criminal charges. New York Penal Law Section 145.25 isn’t just about breaking stuff. It’s about prosecutors saying you showed a “reckless disregard” for other people’s property, and thats a whole different ballgame than accidentally breaking something. The law says you’re guilty of reckless endangerment of property when you recklessly engage in conduct that creates a substantial risk of damage to someone else’s property, and that damage exceeds $250. Sounds simple enough, but the word “recklessly” is doing alot of heavy lifting here. In New York criminal law, being reckless means you were aware of and consciously disregarded a substantial and unjustifiable risk. It’s more than being careless – it’s knowing something bad could happen and doing it anyway.

The $250 Number That Makes This a Crime

That $250 threshold? It’s the magic number that turns a civil dispute into criminal charges.

Below $250, you might get sued in small claims court. Above it, you’re looking at handcuffs and a criminal record. Prosecutors don’t just look at repair costs. They’ll factor in diminished value, lost use of the property, even emotional damages in some cases. I’ve seen cases where a broken window that costs $200 to fix somehow becomes $300 worth of damages once the prosecutor adds in “security concerns” and temporary boarding costs.The NY courts have been pretty clear – they want to protect property owners from people who just don’t care about consequences. According to the official New York State Penal Law, this is a Class B misdemeanor, which means you’re facing up to 90 days in jail, up to a year of probation, and fines. The collateral consequences can be way worse than the criminal penalties.

When Regular People Become Criminals

Construction worker in Brooklyn – he was demolishing a wall in a building, and debris fell onto the neighboring property’s air conditioning unit. Total accident, right?

Wrong. The prosecutor charged him with 145.25 because he “should have known” debris could fall.

The damage was $800, and suddenly this guy with no criminal record is facing jail time. Or tenant disputes – these are huge in NYC. Tenant gets evicted, they’re angry, they punch a hole in the wall on the way out. Not just a security deposit issue anymore. Once that damage crosses $250, which it almost always does with NYC repair costs, you’re in criminal territory. We had a case in Queens where a tenant removed fixtures they claimed they installed – landlord said it was property damage, prosecutor agreed, and boom – criminal charges. The tenant thought they were taking their own property, but the way the lease was written, those fixtures became part of the building.

The Evidence Game Prosecutors Play

They start with the damage assessment. Multiple repair estimates, always using the highest one. Photographs from every angle. Surveillance video pulled from days before and after. Everything you do before and after the incident becomes part of their narrative. Your text messages, social media posts, even your Google searches.

Prosecutors love showing “consciousness of guilt.” Did you leave the scene quickly? Thats fleeing. Try to fix the damage yourself? That’s attempting to cover up evidence. Argue with the property owner before the damage happened? That’s establishing motive.

Defense Strategies We Actually Use in Court

Our defense strategies attack those exact points. We get our own damage assessment. You’d be amazed how often that $300 estimate becomes $175 when a legitimate contractor looks at it. We’ve won cases simply by proving the damage didn’t meet the $250 threshold.

The bigger issue is usually that “reckless” standard. Being careless isn’t enough for a conviction – the prosecutor has to prove you consciously disregarded a known risk. We argue accident, not recklessness. Construction work and debris falls? We show you took reasonable precautions. Damaged property during an argument? We argue heat of passion, not conscious disregard. Sometimes we negotiate an ACD – Adjournment in Contemplation of Dismissal. You pay restitution, stay out of trouble for six months, and the charges disappear. The New York Courts website explains ACDs in detail, but basically it’s a way to avoid a criminal record if you handle things right.

What Judges Actually Do at Sentencing

Defense strategies don’t work and you’re convicted – or more likely, you take a plea deal.

This is what really happens at sentencing.

Despite the 90-day jail maximum, most first-time offenders don’t see the inside of a cell. Judges in New York typically give probation, community service, and restitution orders. Dont think that means you’re getting off easy. Probation means regular check-ins with a probation officer, possible drug testing, and any violation sends you to jail. Community service in NYC usually means cleaning subway stations or parks – not fun, especially in winter. Restitution? Judges often order you to pay way more than the actual damage cost. They’ll add in consequential damages, attorney fees, even lost rental income if the property couldn’t be used. I’ve seen $500 in actual damage turn into $2,000 in restitution. Plus court fees, surcharges, and if you can’t pay immediately, they add interest.

The Hidden Consequences Nobody Warns You About

A conviction for property damage shows up on every background check. Trying to rent an apartment? Good luck explaining to a landlord why you have a conviction for damaging property. Applying for jobs? Many employers see property damage and think “workplace liability.”

Professional licenses are another nightmare.

If you’re in construction, real estate, or any field requiring state licensing, a property damage conviction can end your career. The New York Department of State Division of Licensing Services shares information with criminal justice databases. We had a client who was a home health aide – she got into a dispute with her landlord, damaged a door, got convicted, and lost her certification to work with elderly patients. All over a $300 door.

The Arrest to Arraignment Marathon

What actually happens when you get arrested for violating 145.25? The arrest itself is usually dramatic and unnecessary. Property damage cases often involve ongoing disputes, so cops show up ready for trouble. They’ll cuff you in front of your neighbors, your family, whoever’s around. Then it’s off to central booking – and in NYC, that means sitting in a holding cell for 12-24 hours minimum. The arraignment is where things get real. You’ll stand before a judge who’s seen a thousand cases that day and doesn’t care about your explanation. The prosecutor will ask for bail, even on a misdemeanor. They’ll argue you’re a danger to property, might intimidate witnesses, or could commit more damage. If you rent, they’ll say you’re a flight risk.

Having a criminal attorney at arraignment is crucial – the difference between getting released on your own recognizance and sitting in Rikers because you can’t make bail.

Why Spodek Law Group Handles These Cases Differently

I’ve walked you through the arrest process and all the terrible things that can happen. These cases are more winnable than prosecutors want you to believe.

At Spodek Law Group, we’ve handled hundreds of property damage cases across NYC. We know which judges are reasonable, which prosecutors will negotiate, and which ones want to make examples out of people. We immediately investigate the damage claims. We hire our own contractors, photograph everything, and often find the damage was pre-existing or exaggerated. We pull permits to see if the property owner was doing illegal renovations. We interview witnesses the police ignored. That construction worker I mentioned? We proved the neighboring building’s AC unit was already broken – charges dismissed. The tenant who removed fixtures? We found emails showing the landlord agreed to the removal – case thrown out.

Todd Spodek has been doing this for over 20 years.

He’s seen every type of property damage case imaginable. When prosecutors see our firm on a case, they know we’ll fight. They know we’ll take it to trial if needed. That reputation matters when negotiating pleas or pushing for dismissals. We’re available 24/7 because arrests don’t happen on a schedule. You can reach us at 888-997-5177 anytime. The bottom line on NY Penal Law 145.25? It’s a charge that seems minor but can derail your entire life. Act fast, get the right representation, and fight back against exaggerated claims. Don’t let a moment of frustration or an accident turn into a permanent criminal record. The system is stacked against you, but with the right legal team, you can beat these charges or minimize the damage to your future.