What Are the Penalties for a Vandalism Conviction in New York?

Being arrested for a crime can be overwhelming and confusing, so it is crucial that you understand the charges and possible consequences you are facing. When it comes to vandalism, even minor acts that seem like juvenile fun can result in serious legal repercussions. If you have been arrested for vandalism, continue reading for more information on the possible penalties you can incur. Work with a knowledgeable Orangetown, NY criminal defense attorney for skilled representation and legal advice.

How is Vandalism Defined?

In New York, vandalism is prosecuted as criminal mischief under New York Penal Law Article 145. Criminal mischief is the crime of intentionally damaging another person’s property without permission. The damage does not have to be extensive; even scratching a car, breaking a window, or spray painting public property can qualify.

There are four degrees of criminal mischief under New York law. Below are their definitions.

• Fourth-degree: When, having no right to do so or a reasonable belief that they have a right, a person intentionally damages the property of another, participates in the destruction of an abandoned building, recklessly damages the property of another in an amount exceeding $250, or intentionally disables telephone communications while a person is seeking emergency assistance
• Third-degree: With intent to damage the property of another person, and having no right to do so or a reasonable belief that they have a right, a person breaks into a motor vehicle with the intent of stealing property after having been convicted three or more times in the past 10 years, or damages the property of another in an amount exceeding $250
• Second-degree: With intent to damage the property of another person, and having no right to do so or a reasonable belief that they have a right, a person damages the property of another in an amount exceeding $500
• First-degree: With intent to damage the property of another person, and having no right to do so or a reasonable belief that they have a right, a person damages the property of another by means of an explosive

These are the general definitions of each level of criminal mischief. The actual charges you face will vary depending on the specific circumstances of your offense and your criminal history.

What Are the Penalties for a Vandalism Conviction in NY?

The penalties for criminal mischief can be severe but vary depending on the level of offense you are charged with. Below is the general sentencing guideline for each degree.

• Criminal mischief in the fourth degree: Class A misdemeanor, up to 1 year in jail, and fines up to $1,000
• Criminal mischief in the third degree: Class E felony, up to 4 years in prison, and fines up to $5,000
• Criminal mischief in the second degree: Class D felony, up to 7 years in prison, and fines up to $5,000
• Criminal mischief in the first degree: Class B felony, up to 25 years in prison, and fines up to $30,000

Courts may impose additional or alternative penalties depending on the circumstances, such as restitution, probation, community service, and more. For more information and to secure skilled representation, reach out to an experienced criminal defense attorney today.