NY Penal Law Article 145 Criminal Mischief

NY Penal Law Article 145 Criminal Mischief

In our ongoing series of articles on New York penal law, we’ve given you a more direct look at how the law works, without all of the dry legalese you’d expect from reading up on things like this. In today’s post, we’re going to take a look at what the law says about criminal mischief and tampering. Let’s start off with criminal mischief in the fourth degree.

Criminal mischief in the fourth degree.

In order to be guilty of this crime, you’d have to intentionally damage someone else’s property or somehow participate in destroying an abandoned building. You could also recklessly damage someone else’s property in an amount that’s greater than $250. Criminal mischief in the fourth degree is considered a class A misdemeanor.

Criminal mischief in the third degree.

If you damage the property of someone in a total amount that’s greater than $250, and you had the intention to do this damage, you’re guilty of criminal mischief in the third degree. This one is a class E felony.

Criminal mischief in the second degree.

Now we’re getting into more serious territory. If you go ahead and damage someone’s property in a total amount that’s greater than $1,500, you’re guilty of this crime, and will be looking at a class D felony.

Criminal mischief in the first degree.

The most serious offense under criminal mischief is when you damage someone else’s property by using an explosive device. This particular crime will have you looking at a class B felony.

Definition.

For the purpose of being clear about all of this, the term “property of another” basically includes all of the property that someone has ownership of, whether or not the person who damages the property also has an ownership interest in the property.

Criminal tampering in the third degree.

To be guilty of the least serious offense of criminal tampering, you’d have to tamper with someone else’s property while intending to cause inconvenience to either that person or someone else. Again, intent to do the tampering is key here. This one’s a class B misdemeanor.

Criminal tampering in the second degree.

For the second degree of criminal tampering, this corresponds to tampering with the connection for gas, electric, or other kinds of utilities. There is an affirmative defense for this, however. That involves you not engaging in this behavior for the purpose of larceny, or any other kind of wrong purpose. This crime is a class A misdemeanor.

Criminal tampering in the first degree.

Now the first degree of criminal tampering is when you tamper with one of those utilities we talked about, and then cause a great deal of impairment of the service. This crime is thought to be a class D felony.

Cemetery desecration in the second degree.

We’re now shifting from tampering over to cemetery desecration. You’d be guilty of this crime if you damage any property that’s been maintained as some sort of plot or grave in a cemetery, with the intent to do so. This is a class A misdemeanor.

Cemetery desecration in the first degree.

The most serious level of cemetery desecration is when you damage a burial plot or grave in a total amount that’s greater than $250. This bumps you up into a class E felony.

Reckless endangerment of property.

If you recklessly engage in some kind of conduct that creates a high risk of damage to someone else’s property in a total amount that’s greater than $250, you’ve committed reckless endangerment of property. This is a class B misdemeanor.

Aggravated cemetery desecration in the second degree.

Jumping back to cemetery desecration, this is when you open a casket or some other type of vessel that holds a corpse and then remove some part of the remains. Aggravated cemetery desecration in the second degree is a class E felony.

Aggravated cemetery desecration in the first degree.

As you might’ve guessed, this more serious offense involves committing that last crime we talked about, but then also having been convicted for the same crime in the last five years, or this crime. Aggravated cemetery desecration in the first degree is considered a class D felony.

Unlawfully posting advertisements.

If you post, paint, or in some other way set up an ad on someone else’s property, you’re guilty of this particular crime and will be receiving a violation.

Tampering with a consumer product; consumer product defined.

As for definitions, consumer product basically means any food, beverage, or other similar thing that’s offered for sale, as well as human consumption.

Tampering with a consumer product in the second degree.

When you alter or adulterate some kind of consumer property with the intention of causing damage or causing fear that you’ll cause this damage, you’re guilty of this crime and will be facing a class A misdemeanor.

Tampering with a consumer product in the first degree.

Same thing for this crime, but it’s got the added element of creating a substantial risk of some sort of serious injury to one or more people. This one is a class E felony.

Penalties for littering on railroad tracks and rights-of-way.

For the purpose of this section, you can’t dump, throw, or otherwise deposit garbage on railroad tracks. Of course, depositing some sort of salt or sand to improve traction on roads isn’t a problem at all, and isn’t considered dumping.

Making graffiti.

Graffiti is when you etch, paint, or otherwise cover a surface on public property with a mark that damages this property. If you do this without getting the permission of the owner, you’re committing a class A misdemeanor.

Possession of graffiti instruments.

You’re guilty of this crime when you possess some sort of tool or instrument that’s used to make graffiti as we defined it in the last section. This is a class B misdemeanor.

Criminal possession of a taximeter accelerating device.

A taximeter basically means a device that automatically calculates a charge for driving people where they need to go. A taximeter accelerating device is a device like this that increases the charge past the maximum that’s allowed under the law. This one is a class A misdemeanor.

EXCELLENT Based on 362 reviews.

Charle Butler

2021-03-12

Verified

I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!

Mesonista parsons

2021-03-05

Verified

My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.

debabrata chakraborty

2021-03-03

Verified

Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.

Asata Hendricks

2021-03-02

Verified

Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.

Mike Moroff

2021-02-26

Verified

I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.

Josh Katz

2021-02-24

Verified

Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.

L.C.

2021-02-24

Verified

I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.

AnnMarie Soliman

2021-02-23

Verified

I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!