Criminal Mischief in the Third Degree generally refers to intentionally damaging another person's property without permission, where the damage exceeds a certain monetary threshold or involves specific circumstances.
Definition in New York (most detailed example)
In New York, under Penal Law ยง 145.05, a person is guilty of criminal mischief in the third degree when, with intent to damage property of another person, and having no right or reasonable ground to believe they have such right, they:
- Damage property of another person in an amount exceeding $250; or
- Damage a motor vehicle by breaking into it with intent to steal, and have three or more prior convictions for criminal mischief within the last ten years
Key Elements
- Intent: The person must have the conscious objective or purpose to damage the property.
- No right or reasonable belief of right: The person must not have permission or a reasonable belief that they have permission to damage the property.
- Value of damage: The damage must exceed $250 in value (for the common form of the crime).
- Prior convictions: For vehicle break-in damages, prior criminal mischief convictions can elevate the charge to third degree.
Classification and Penalties
- Criminal Mischief in the Third Degree is classified as a Class E felony in New York.
- Conviction can lead to up to 4 years in prison, probation, fines, and restitution
Summary
Criminal Mischief in the Third Degree involves intentionally damaging another person's property worth more than $250 or damaging a locked vehicle with intent to steal when the offender has prior related convictions. It is a felony with serious legal consequences