Under New York Penal Law 145.00, criminal mischief in the fourth degree is a Class A misdemeanor that covers four kinds of unauthorized damage to someone else’s property, from intentional vandalism to disabling a phone so another person can’t call for help. A conviction carries up to 364 days in jail, a fine of up to $1,000, a mandatory surcharge of $200, and almost always an order to pay the victim back for the damage.1New York State Senate. New York Penal Law 145.00 – Criminal Mischief in the Fourth Degree
What the Statute Actually Prohibits
Section 145.00 lists four distinct ways a person can commit this offense. Every one of them opens with the same condition: the person must have had “no right” to damage the property and “no reasonable ground to believe” they had that right. That qualifier is doing real work, and it comes up again below.
- Intentional damage (subsection 1). Deliberately damaging another person’s property. There is no minimum dollar amount. Scratching a car, smashing a window, or breaking a phone on purpose all qualify.
- Destroying an abandoned building (subsection 2). Intentionally participating in the destruction of an abandoned building as defined under New York’s Real Property Actions and Proceedings Law.
- Reckless damage over $250 (subsection 3). Recklessly causing damage worth more than $250. Recklessness means being aware of a substantial risk that your conduct could cause damage and consciously ignoring it. The standard measure is cost of repair or replacement, whichever is less.2New York State Unified Court System. New York Penal Law 145.00 – Criminal Mischief in the Fourth Degree
- Disabling emergency communication equipment (subsection 4). Intentionally disabling or removing a phone, TTY, or similar device to stop someone from calling the police, fire department, EMS, or anyone else who could protect them from imminent physical harm. The statute specifically says that owning the device is not a defense.1New York State Senate. New York Penal Law 145.00 – Criminal Mischief in the Fourth Degree
The ownership carve-out in subsection 4 is why this charge turns up so often in domestic cases. Ripping your own phone off the wall to prevent a spouse from dialing 911 is still criminal mischief.
The “No Right to Do So” Element
Because every subsection requires that the defendant had no right or reasonable belief in a right to damage the property, a genuine and reasonable belief in authorization is a complete defense. The belief does not have to be correct. It has to be reasonable under the circumstances, and the prosecution has to disprove it.1New York State Senate. New York Penal Law 145.00 – Criminal Mischief in the Fourth Degree
This defense shows up in predictable settings. A landlord who removes a tenant’s belongings believing the lease has expired. A contractor who demolishes the wrong section of a building based on unclear instructions. A neighbor who cuts down a tree along a disputed property line. If the belief holds up as reasonable, the case fails on this element alone.
“Property of Another Person” Includes Property You Partly Own
New York focuses on possessory interest, not legal title. If someone else has a legitimate right to possess or use the property, damaging it can support a charge regardless of your ownership stake. Spouses who are both on the title to a car or television do not have a unilateral right to destroy it. Roommates who share furniture do not either. Courts apply this consistently in breakups, divorces, and roommate disputes where one party destroys shared belongings in anger.
Penalties for a Conviction
Fourth-degree criminal mischief is the most serious misdemeanor classification in New York. The sentencing options a judge can impose include:
- Jail up to 364 days. The ceiling sits one day below a full year on purpose; the reason is immigration law, discussed below.3New York State Senate. New York Penal Code 70.15 – Sentences of Imprisonment for Misdemeanors and Violation
- Probation of two or three years. A violation of conditions can trigger imposition of the original jail term.4New York State Senate. New York Penal Code 65.00 – Sentence of Probation
- Fine up to $1,000. If the defendant profited financially from the offense, the court can instead impose a fine of up to double the amount gained.5New York State Senate. New York Penal Law 80.05 – Fines for Misdemeanors and Violations
Judges have wide discretion. A first offense involving minor damage rarely draws jail time. Repeat offenders, domestic-violence dynamics, and conduct that showed particular disregard for others’ safety draw harsher sentences.
On top of the fine, every misdemeanor conviction triggers a mandatory $175 surcharge plus a $25 crime victim assistance fee, with an extra $5 in town and village courts. These are not waivable at sentencing.6New York State Senate. New York Penal Code 60.35 – Mandatory Surcharge, Sex Offender Registration Fee, DNA Databank Fee, Supplemental Sex Offender Victim Fee and Mandatory Crime Victim Assistance Fee Courts also routinely order restitution covering the victim’s actual repair or replacement costs, documented through receipts, invoices, or estimates. Added together, the real financial cost of a conviction usually runs well past the statutory fine.
When the Charge Jumps to a Felony
Fourth-degree criminal mischief is the floor of the offense. The higher degrees are felonies with much longer exposure:
- Third degree (PL 145.05). A Class E felony. Applies when intentional damage exceeds $250, or when the defendant breaks into a locked vehicle to steal property and has three or more prior criminal mischief convictions within the past ten years.
- Second degree (PL 145.10). A Class D felony. Applies when intentional damage exceeds $1,500.
- First degree (PL 145.12). A Class B felony. Applies when the defendant uses an explosive.
The step from fourth to third degree is the one to watch. Intentional damage of $251 is a misdemeanor under 145.00(1), but prosecutors can also charge the same conduct as a Class E felony under 145.05. The valuation of the damage drives everything. Anyone accused of property damage near the $250 or $1,500 lines has a lot riding on how that number is calculated.
Immigration Consequences
The 364-day cap exists because federal immigration law treats convictions carrying a potential sentence of a year or more as grounds for deportation, denial of relief, and mandatory detention. What matters federally is the maximum authorized sentence, not what the judge actually imposed. New York set its misdemeanor ceiling at 364 days specifically so Class A misdemeanor convictions would not trigger those consequences.3New York State Senate. New York Penal Code 70.15 – Sentences of Imprisonment for Misdemeanors and Violation
Even so, a criminal mischief conviction can still create immigration problems. Depending on the facts, it may be classified as a crime involving moral turpitude, particularly where the conduct showed intentional disregard for another person’s rights. Immigration consequences in this area are highly fact-specific. Any non-citizen facing a 145.00 charge should talk to an immigration attorney before accepting any plea.
Sealing the Record Later
Criminal mischief in the fourth degree is eligible for sealing under Criminal Procedure Law 160.59. A person can apply to seal up to two eligible convictions, with no more than one felony among them.7New York State Senate. New York Criminal Procedure Law 160.59 – Sealing of Certain Convictions
The main obstacle is time. At least ten years must pass from the sentencing date, or from release if the person served time; incarceration after the conviction does not count toward the clock. The court will deny the application if the person has any pending charges or was convicted of another crime after the conviction they want sealed.
Sealing is not expungement. The record still exists and remains accessible to law enforcement and certain licensing agencies. It does disappear from standard background checks, which is usually the practical concern for jobs and housing. For a single Class A misdemeanor with a clean subsequent history, sealing after ten years is realistic for most applicants.