PL 145.10 · Article 145
Criminal Mischief in the Second Degree
This offense requires intentional damage to another person’s property in an amount exceeding $1,500. The person accused must also have lacked both a right to cause the damage and reasonable grounds to believe there was such a right.
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Text us immediately · (845) 290-2492Definition under New York law
PL 145.10 · Original statutory wording; excerpts must be read together with the full section.
§ 145.10 Criminal mischief in the second degree. A person is guilty of criminal mischief in the second 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 in an amount exceeding one thousand five hundred dollars. Criminal mischief in the second degree is a class D felony.Read the full section at the New York State SenateIn everyday language
This offense requires intentional damage to another person’s property in an amount exceeding $1,500. The person accused must also have lacked both a right to cause the damage and reasonable grounds to believe there was such a right.
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 every required element beyond a reasonable doubt; this provision states a single path rather than separate statutory alternatives.
- The person accused intended to damage another person’s property.
- The person accused had no right to do so and no reasonable ground to believe there was such a right.
- The person accused damaged another person’s property in an amount exceeding $1,500.
Defenses that commonly apply
- Does the evidence show intent to damage the property, rather than accidental damage?
- Did the person accused have a right to act or reasonable grounds to believe there was such a right?
- What evidence establishes that the property belonged to another person and that damage attributable to the alleged conduct exceeded $1,500?
Penalties and collateral consequences
A Class D Felony carries a maximum sentence of up to 7 years and a fine of up to $5,000.
Common questions about your defense
Can the amount of property damage be disputed in a second-degree criminal mischief case?
The statute requires damage exceeding $1,500, so evidence that the amount was $1,500 or less may challenge this charge. A lawyer could investigate whether the evidence reliably connects the claimed damage and its amount to the alleged conduct. The prosecution must prove that threshold, intent to damage another person’s property, and the lack of a right or reasonable grounds to believe one existed 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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