PL 145.12 · Article 145
Criminal Mischief in the First Degree
This offense concerns intentionally damaging another person's property by means of an explosive, without a right or reasonable basis to believe there is a right to do so. The prosecutor must prove each requirement beyond a reasonable doubt.
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Text us immediately · (845) 290-2492Definition under New York law
PL 145.12 · Original statutory wording; excerpts must be read together with the full section.
§ 145.12 Criminal mischief in the first degree. 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. Criminal mischief in the first degree is a class B felony.Read the full section at the New York State SenateIn everyday language
This offense concerns intentionally damaging another person's property by means of an explosive, without a right or reasonable basis to believe there is a right to do so. The prosecutor must prove each requirement beyond a reasonable doubt.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove all requirements beyond a reasonable doubt; these are cumulative requirements, not separate alternatives.
- The person accused intended to damage another person's property.
- The person accused had neither a right to damage the property nor reasonable grounds to believe there was such a right.
- The person accused actually damaged another person's property by means of an explosive.
Defenses that commonly apply
- What evidence shows whether the person accused intended to damage another person's property?
- Did the person accused have a right, or reasonable grounds to believe there was a right, to damage the property?
- Does the evidence establish that an explosive used by the person accused caused the property damage?
Penalties and collateral consequences
A Class B Felony carries a maximum sentence of up to 25 years and a fine of up to $5,000.
Common questions about your defense
Can a reasonable belief in a right to damage the property matter?
The statute requires both the absence of a right and the absence of reasonable grounds to believe such a right existed. Evidence supporting a right or a reasonable belief in one could challenge that requirement. The prosecutor must still prove all elements, including intent and damage by an explosive, beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.