New York Criminal Mischief Defense Lawyer

Being charged with criminal mischief in New York can land you with a permanent record, fines, and even jail time. Whether you’re accused of damaging property during an argument, being part of a protest that escalated, or facing false accusations altogether, you need more than a strong defense and someone who knows how the system works from the inside.

Attorney Mehdi Essmidi is a former New York prosecutor who doesn’t just understand how prosecutors think—he used to be one. That means he knows where cases are weak, how charges can be reduced or dismissed, and how to push back when the state overreaches.

If you’re looking for clear answers and a lawyer to fight for you, you’re in the right place. Contact us for a free consultation.

Criminal Mischief Under New York Penal Law

Under New York law, a person can be charged with criminal mischief when they damage someone else’s property, intentionally or recklessly, without having the right to do so.

There are four degrees of criminal mischief defined by New York Penal Law that differ in severity based on the specific circumstances of the situation.

§ 145.00 Fourth Degree Criminal Mischief

• Criminal mischief in the fourth degree is a class A misdemeanor.
• A person is guilty of fourth-degree criminal mischief if they intentionally damage another person’s property without any legal right or reasonable grounds to believe they have such a right.
• A person is guilty if they intentionally disable or remove telephonic, TTY, or similar communication sending equipment to prevent a person from requesting emergency assistance.
• A person is guilty if they intentionally participate in the destruction of an abandoned building, as defined in The New York Real Property Actions and Proceedings Law § 1971.

§ 145.05 Third Degree Criminal Mischief

• Criminal mischief in the third degree is a class E felony.
• A person is guilty of third-degree criminal mischief if they intentionally damage another person’s property exceeding $250 without any legal right or reasonable grounds to believe they have such a right.
• The offense may involve damaging another person’s vehicle by breaking into it when it is locked with the intent of stealing property if the individual has been convicted three or more times of criminal mischief in the fourth, third, second, or first-degree within the previous ten years.

§ 145.10 Second Degree Criminal Mischief

• Criminal mischief in the second degree is a class D felony.
• A person is guilty of second-degree criminal mischief if they intentionally damage another person’s property exceeding $1,500.
• The individual must not have any legal right or reasonable grounds to believe they have the right to inflict such damage.

§ 145.12 First Degree Criminal Mischief

• Criminal mischief in the first degree is a class B felony.
• A person is deemed guilty of first-degree criminal mischief if they intentionally damage another person’s property using an explosive.
• The person must have no legal right or reasonable grounds to believe they have the right to damage the property.

Common Legal Defenses Against Criminal Mischief Charges

When facing criminal mischief charges in New York, different defense strategies may be available depending on your case:

Lack of intent: Criminal mischief requires proving you intentionally damaged property. If the damage was accidental or unintentional, this can be a strong defense.

Mistaken identity: You may have been wrongfully identified as the person who committed the act of vandalism or property damage.

Consent: If the property owner gave you permission to modify or alter the property, you cannot be guilty of criminal mischief.

Insufficient evidence: The prosecution must prove that you, in fact, committed the offense. Challenging weak evidence can be effective.

Improper property valuation: Criminal mischief charges vary based on the value of damaged property. Challenging inflated damage assessments may reduce charges.

Constitutional violations: Evidence obtained through illegal searches or seizures may be suppressed, potentially weakening the prosecution’s case.

Mental health considerations: Certain mental health conditions may affect intent or understanding, potentially serving as mitigating factors.

Contact Us for a Free Consultation

Criminal mischief charges in New York require a strong legal defense. Contact the Law Offices of Mehdi Essmidi today for a free consultation. We’re committed to standing by your side, providing clear guidance and support every step of the way. Our team has a proven track record of successful outcomes in criminal cases. We understand the legal system and work tirelessly to protect your rights.

Frequently Asked Questions About Criminal Mischief Crimes

What is considered “criminal mischief” under New York penal law?

Under New York penal law, criminal mischief is defined as intentionally or recklessly damaging the property of another person without the right to do so or for any legitimate purpose. This property crime can range from minor vandalism to serious destruction of property, with penalties varying based on the degree of the offense and the value of the damaged property.

How are criminal mischief charges classified in New York?

Criminal mischief charges in New York are categorized by degrees, with first-degree criminal mischief being the most serious as a class B felony. Second-degree criminal mischief is classified as a Class D felony, while third-degree criminal mischief is classified as a Class E felony. Fourth-degree criminal mischief is considered a misdemeanor. Each classification carries different potential penalties and consequences.

What are common defenses against criminal mischief charges?

A skilled New York criminal mischief defense lawyer may use several strategic defenses including lack of intent (the damage was accidental), mistaken identity, establishing reasonable doubt about who caused the damage, demonstrating the property was an abandoned building, or challenging the valuation of damaged property.

How does criminal mischief relate to domestic violence cases?

Criminal mischief charges often arise in domestic violence situations when property is damaged during a dispute between people in a relationship. This can lead to both criminal mischief charges and domestic violence allegations, potentially resulting in protective orders and a subsequent arrest. Even if the property belongs to both parties, damaging shared property during an argument can still result in criminal mischief charges.

What penalties can I face for criminal mischief convictions?

The penalties for criminal mischief crimes vary by degree:

• First Degree: Class B felony punishable by up to 25 years in prison
• Second Degree: Class D felony with up to 7 years imprisonment
• Third Degree: Class E felony with up to 4 years imprisonment
• Fourth Degree: Class A misdemeanor with up to 1 year in jail

Additional consequences may include probation, fines, restitution payments, community service, and a permanent criminal record.