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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.

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If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
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Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
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I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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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.

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