How to Beat a PL 145.00 Criminal Mischief Charge

Criminal mischief charge PL 145.00 is common in New York City courts. Even if you are guilty, an experienced NYC criminal lawyer may be able to get your charges dropped.

This guide discusses the PL 145.00 charge and ways that you might get your charges dismissed. If you are facing criminal mischief charges in New York City, contact NYC criminal lawyer Cody Warner for a free consultation. We can discuss your case and strategize ways to beat our case.

The Elements of P.L. 145.00

The most common form of criminal mischief in New York is Criminal Mischief in the Fourth Degree.

This crime occurs when a person, having no right to do so nor any reasonable ground to believe that he or she has such right:

• Intentionally damages property of another person; or
• 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
• Recklessly damages property of another person in an amount
  exceeding two hundred fifty dollars; or
• 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.

The most charged subsection of Criminal Mischief in the Fourth Degree is subsection 1—when a person intentionally damages the property of another person.

Common Defenses to PL 145.00

Several defenses are commonly used to beat PL 145.00 criminal mischief charges.

The Property Was Yours

Criminal mischief charges often occur within the context of domestic violence allegations.

A common situation is that a couple will get into an argument, and a person will be so upset that they throw a phone, glass, or other object. Even if the person did not throw the item at the other person, the police can make an arrest for criminal mischief if property was damaged.

For instance, if the complainant says that the defendant broke his or her phone, the police may arrest the defendant.

However, the defendant may have a strong defense if the defendant paid for the phone or whatever object was broken. In that situation, the defendant can argue that he or she didn’t damage the property of another—it was the defendant’s property that was damaged.

You Didn’t Damage the Property

Sometime the alleged victim will say that the defendant damaged some property, however it may be the case that the property was already damaged. The prosecution has the burden of proving beyond a reasonable doubt that the Defendant actually damaged the property. If the prosecution can’t prove that the defendant caused the damage, then the defendant should beat the PL 145.00 charge.

Common Outcomes for PL 145.00 Charges

If you have a strong defense, then your attorney should be able to get your charges dismissed. However, even if you are guilty, your lawyer might still be able to get your charges dropped. The most important factors are whether you have a criminal record and how much it costs to repair or replace the damaged property.

If you don’t have a record, your lawyer may be able to get you an Adjournment in Contemplation of Dismissal (ACD). If you receive an ACD, your case will automatically be dismissed and sealed six months from your court date.  An ACD may be conditioned on you paying to fix or replace the damaged property.

Need Help?

If you are facing PL 145.00 criminal mischief charges in New York City, contact Cody Warner, P.C. for a free consultation. We can evaluate your case and determine the best strategy to get your charges dropped.