PL 145.00 · Article 145
Criminal Mischief in the Fourth Degree
Criminal mischief 4th degree NY (4th degree criminal mischief in New York) is a class A misdemeanor under Penal Law 145.00. The statute provides four alternative paths: intentional damage to another person's property, intentional participation in destruction of a qualifying abandoned building, reckless damage above $250, or specified interference with emergency communications. Each requires lack of a right or reasonable grounds to believe there was a right, an ownership interest in communication equipment does not provide a defense to the emergency-communication alternative, and the penalty range appears below.
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PL 145.00 · Original statutory wording; excerpts must be read together with the full section.
§ 145.00 Criminal mischief in the fourth degree. A person is guilty of criminal mischief in the fourth degree when, having no right to do so nor any reasonable ground to believe that he or she has such right, he or she: 1. Intentionally damages property of another person; or 2. Intentionally participates in the destruction of an abandoned building as defined in section one thousand nine hundred seventy-one-a of the real property actions and proceedings law; or 3. Recklessly damages property of another person in an amount exceeding two hundred fifty dollars; or 4. With intent to prevent a person from communicating a request for emergency assistance, intentionally disables or removes telephonic, TTY or similar communication sending equipment while that person: (a) is attempting to seek or is engaged in the process of seeking emergency assistance from police, law enforcement, fire or emergency medical services personnel; or (b) is attempting to seek or is engaged in the process of seeking emergency assistance from another person or entity in order to protect himself, herself or a third person from imminent physical injury. The fact that the defendant has an ownership interest in such equipment shall not be a defense to a charge pursuant to this subdivision. Criminal mischief in the fourth degree is a class A misdemeanor.Read the full section at the New York State SenateIn everyday language
Criminal mischief 4th degree NY (4th degree criminal mischief in New York) is a class A misdemeanor under Penal Law 145.00. The statute provides four alternative paths: intentional damage to another person's property, intentional participation in destruction of a qualifying abandoned building, reckless damage above $250, or specified interference with emergency communications. Each requires lack of a right or reasonable grounds to believe there was a right, an ownership interest in communication equipment does not provide a defense to the emergency-communication alternative, and the penalty range appears below.
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 prosecution must prove the applicable elements beyond a reasonable doubt, including that the person accused had no right to act and no reasonable ground to believe there was such a right.
- The following four paths are alternatives, not cumulative requirements.
- Alternative 1: The person accused intentionally damaged another person’s property.
- Alternative 2: The person accused intentionally participated in destruction of an abandoned building as defined in section 1971-a of the real property actions and proceedings law.
- Alternative 3: The person accused recklessly damaged another person’s property in an amount exceeding $250.
- Alternative 4: With intent to prevent a person from communicating a request for emergency assistance, the person accused intentionally disabled or removed telephone, TTY or similar communication-sending equipment while that person was attempting to seek or was seeking emergency assistance. The assistance must have been sought either from police, law enforcement, fire or emergency medical services personnel, or from another person or entity to protect the seeker or a third person from imminent physical injury; these are alternatives, not cumulative requirements. An ownership interest in the equipment is not a defense under this alternative.
Defenses that commonly apply
- What evidence addresses a right to act or reasonable grounds to believe one existed, apart from equipment ownership alone under the emergency-communication alternative?
- For the property or building alternative alleged, what establishes the required intent or recklessness, the property’s ownership or qualifying abandoned-building status, and damage exceeding $250 if the reckless-damage path is alleged?
- For an emergency-communication allegation, was qualifying assistance being sought or attempted, and what shows intentional disabling or removal with intent to prevent that request?
Penalties and collateral consequences
A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to $1,000.
Common questions about your defense
Is owning the phone a defense to an emergency-communication interference charge?
The statute expressly states that an ownership interest in the equipment is not a defense to this alternative. A defense may instead focus on whether the person accused intentionally disabled or removed the equipment with the required intent while a qualifying request for emergency assistance was being attempted or made. If those facts or the statute’s lack-of-right requirements are disputed, the prosecution must still prove the applicable elements 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.
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