PL 145.05 · Article 145
Criminal Mischief in the Third Degree
Criminal mischief 3rd degree NY is a class E felony under NYS Penal Law 145.05 (nys pl criminal mischief), the New York Penal Law criminal mischief provision at the third-degree level. The offense requires intent to damage another person's property without a right or reasonable grounds to believe there was a right. Its alternatives are property damage exceeding $250, or damage caused by breaking into another person's locked motor vehicle with intent to steal and the specified history of at least three qualifying convictions.
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PL 145.05 · Original statutory wording; excerpts must be read together with the full section.
§ 145.05 Criminal mischief in the third degree. A person is guilty of criminal mischief in the third 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 or she has such right, he or she: 1. damages the motor vehicle of another person, by breaking into such vehicle when it is locked with the intent of stealing property, and within the previous ten year period, has been convicted three or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of criminal mischief in the fourth degree as defined in section 145.00, criminal mischief in the third degree as defined in this section, criminal mischief in the second degree as defined in section 145.10, or criminal mischief in the first degree as defined in section 145.12 of this article; or 2. damages property of another person in an amount exceeding two hundred fifty dollars. Criminal mischief in the third degree is a class E felony.Read the full section at the New York State SenateIn everyday language
Criminal mischief 3rd degree NY is a class E felony under NYS Penal Law 145.05 (nys pl criminal mischief), the New York Penal Law criminal mischief provision at the third-degree level. The offense requires intent to damage another person's property without a right or reasonable grounds to believe there was a right. Its alternatives are property damage exceeding $250, or damage caused by breaking into another person's locked motor vehicle with intent to steal and the specified history of at least three qualifying convictions.
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 required elements beyond a reasonable doubt.
- The person accused intended to damage another person’s property and had neither a right to do so nor reasonable grounds to believe there was such a right.
- The following two paths are alternatives, not cumulative requirements.
- Alternative 1: The person accused damaged another person’s motor vehicle by breaking into it while it was locked, with intent to steal property. Within the preceding ten years, the person accused had at least three convictions for criminal mischief in the fourth, third, second or first degree under sections 145.00, 145.05, 145.10 or 145.12, arising from separate criminal transactions with sentences imposed on separate occasions.
- Alternative 2: The person accused damaged another person’s property in an amount exceeding $250. This alternative does not require the vehicle circumstances or prior convictions of alternative 1.
Defenses that commonly apply
- What evidence shows intent to damage another person’s property and the absence of a right or reasonable grounds to believe there was a right?
- If the amount-based alternative is alleged, what evidence establishes damage exceeding $250 attributable to the alleged conduct?
- If the vehicle alternative is alleged, was the vehicle locked, was damage caused by breaking in with intent to steal, and do the conviction records satisfy the offense, number, ten-year period, separate-transaction and separate-sentencing requirements?
Penalties and collateral consequences
A Class E Felony carries a maximum sentence of up to 4 years and a fine of up to $5,000.
Common questions about your defense
Can damage of $250 or less defeat a third-degree criminal mischief charge?
Evidence that damage did not exceed $250 may challenge the amount-based alternative. The statute also provides a separate locked-vehicle alternative requiring intent to steal and at least three qualifying convictions within the preceding ten years, from separate criminal transactions with sentences imposed on separate occasions. If that alternative is alleged, the prosecution must prove its specific requirements and the shared intent and lack-of-right 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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