New York State Law
§ 240.31 Aggravated harassment in the first degree.
A person is guilty of aggravated harassment in the first degree when
with intent to harass, annoy, threaten or alarm another person, because
of a belief or perception regarding such person's race, color, national
origin, ancestry, gender, gender identity or expression, religion,
religious practice, age, disability or sexual orientation, regardless of
whether the belief or perception is correct, he or she:
1. Damages premises primarily used for religious purposes, or acquired
pursuant to section six of the religious corporation law and maintained
for purposes of religious instruction, and the damage to the premises
exceeds fifty dollars; or
2. Commits the crime of aggravated harassment in the second degree in
the manner proscribed by the provisions of subdivision three of section
240.30 of this article and has been previously convicted of the crime of
aggravated harassment in the second degree for the commission of conduct
proscribed by the provisions of subdivision three of section 240.30 or
he or she has been previously convicted of the crime of aggravated
harassment in the first degree within the preceding ten years; or
3. Etches, paints, draws upon or otherwise places a swastika, commonly
exhibited as the emblem of Nazi Germany, on any building or other real
property, public or private, owned by any person, firm or corporation or
any public agency or instrumentality, without express permission of the
owner or operator of such building or real property;
4. Sets on fire a cross in public view; or
5. Etches, paints, draws upon or otherwise places or displays a noose,
commonly exhibited as a symbol of racism and intimidation, on any
building or other real property, public or private, owned by any person,
firm or corporation or any public agency or instrumentality, without
express permission of the owner or operator of such building or real
property.
Aggravated harassment in the first degree is a class E felony.
NY Penal Law § 145.60: Making graffiti
New York Penal Law has several different offenses that are designed to punish those who damage property that belongs to another person. One such law makes it illegal to make graffiti. Graffiti is defined as defacing property by etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property. Under New York Penal Law § 145.60, you could be prosecuted for making graffiti if you:
- Make graffiti on the property of another person, and
- You do not have permission from the property owner to make graffiti.
Angry that his friends were recently arrested on "bogus" charges, Michael spray painted graffiti on several private homes, a synagogue and a high school. The graffiti included derogatory references about members of the local police department. Michael could be prosecuted for making graffiti as he put graffiti on several pieces of property that he did not own, without the permission of the owners of the property.
Related Offenses- Trespass: New York Penal Law § 140.05
- Possession of Graffiti Instruments: New York Penal Law § 145.65
- Criminal mischief in the fourth degree: New York Penal Law § 145.00
Depending on the facts of your case, there are several possible defenses. If you can show that you own the property or that the owner of the property gave you permission, then you would have a defense to a charge of making graffiti.
Another possible defense is that while you did not have the intent of damaging the property but of enhancing property. However, it may be difficult to convince a court that the graffiti you made did indeed enhance the property particularly if you did not have permission from the owner to put graffiti on the property.
SentenceMaking graffiti is a Class A misdemeanor. Your punishment will be that you will have to spend up to a year in the county jail. However, there is also a good chance that the judge will not sentence you to jail, but will instead sentence you to a 3 year probation term. You may also be required to pay a fine, as well as pay restitution to the owner of the property.
New York Penal Law § 145.60: Making GraffitiFor purposes of this section, the term "graffiti" shall mean the etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with intent to damage such property.
No person shall make graffiti of any type on any building, public or private, or any other property real or personal owned by any person, firm or corporation or any public agency or instrumentality, without the express permission of the owner or operator of said property.
While you may not believe that making graffiti is a big deal, it is a crime. If you are charged with making graffiti you could end up in jail for up to a year and suffer financial consequences. In order to ensure that you receive the best possible defense given the facts of your case, it is important that you are represented by someone who has experience. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with criminal mischief as well as other felonies and misdemeanors such as grand larceny, burglary, and assault. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of larceny in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.
CHAPTER 1030
AN ACT providing for the punishment of offenses, constituting chapter
forty of the consolidated laws
Became a law July 20, 1965, with the approval of the Governor. Passed by
a majority vote, three-fifths being present
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
CHAPTER 40 OF THE CONSOLIDATED LAWS
PENAL LAW
Article 1. General purposes (§§ 1.00-1.05).
5. General rules of construction and application
(§§ 5.00-5.10).
10. Definitions (§ 10.00).
15. Culpability (§§ 15.00-15.25).
20. Parties to offenses and liability through accessorial
conduct (§§ 20.00-20.25).
25. Defenses in general (§ 25.00).
30. Defense of infancy (§ 30.00).
35. Defense of justification (§§ 35.00-35.30).
40. Other defenses involving lack of culpability
(§§ 40.00-40.15).
55. Classification and designation of offenses
(§§ 55.00-55.10).
60. Authorized dispositions of offenders (§§ 60.00-60.37).
65. Sentences of probation, conditional discharge and
unconditional discharge (§§ 65.00-65.20).
70. Sentences of imprisonment (§§ 70.00-70.85).
80. Fines (§§ 80.00-80.15).
85. Sentence of intermittent imprisonment (§§ 85.00-85.15).
100. Criminal solicitation (§§ 100.00-100.20).
105. Conspiracy (§§ 105.00-105.35).
110. Attempt (§§ 110.00-110.10).
115. Criminal facilitation (§§ 115.00-115.15).
120. Assault and related offenses (§§ 120.00-120.70).
121. Strangulation and related offenses (§§ 121.11-121.14).
125. Homicide, abortion and related offenses
(§§ 125.00-125.60).
130. Sex offenses (§§ 130.00-130.96).
135. Kidnapping, coercion and related offenses
(§§ 135.00-135.75).
140. Burglary and related offenses (§§ 140.00-140.40).
145. Criminal mischief and related offenses
(§§ 145.00-145.70).
150. Arson (§§ 150.00-150.20).
155. Larceny (§§ 155.00-155.45).
156. Offenses involving computers; definition of terms
(§§ 156.00-156.50).
158. Welfare fraud (§§ 158.00-158.50).
160. Robbery (§§ 160.00-160.15).
165. Other offenses relating to theft (§§ 165.00-165.74).
170. Forgery and related offenses (§§ 170.00-170.75).
175. Offenses involving false written statements
(§§ 175.00-175.45).
176. Insurance fraud (§§ 176.00-176.80).
177. Health care fraud (§§ 177.00-177.30).
178. Criminal diversion of prescription medications and
prescriptions (§§ 178.00-178.25).
179. Criminal diversion of medical marihuana (§§
179.00-179.15).
180. Bribery not involving public servants, and related
offenses (§§ 180.00-180.57).
185. Frauds on creditors (§§ 185.00-185.15).
187. Residential mortgage fraud (§§ 187.00-187.25).
190. Other frauds (§§ 190.00-190.89).
195. Official misconduct and obstruction of public servants
generally (§§ 195.00-195.20).
200. Bribery involving public servants and related offenses
(§§ 200.00-200.56).
205. Escape and other offenses relating to custody
(§§ 205.00-205.65).
210. Perjury and related offenses (§§ 210.00-210.50).
215. Other offenses relating to judicial and other proceedings
(§§ 215.00-215.80).
220. Controlled substances offenses (§§ 220.00-220.78).
222. Cannabis (§§ 220.00-220-65).
225. Gambling offenses (§§ 225.00-225.95).
230. Prostitution offenses (§§ 230.00-230.40).
235. Obscenity and related offenses (§§ 235.00-235.24).
240. Offenses against public order (§§ 240.00-240.77).
241. Harassment of rent regulated tenants (§§ 241.00-241.05).
242. Offenses against service animals and handlers
(§§ 242.00-242.15).
245. Offenses against public sensibilities (§§ 245.00-245.15).
250. Offenses against the right to privacy (§§ 250.00-250.65).
255. Offenses affecting the marital relationship
(§§ 255.00-255.30).
260. Offenses relating to children, disabled persons and
vulnerable elderly persons
(§§ 260.00-260.34).
263. Sexual performance by a child (§§ 263.00-263.30).
265. Firearms and other dangerous weapons
(§§ 265.00-265.55).
270. Other offenses relating to public safety
(§§ 270.00-270.40).
275. Offenses relating to unauthorized recording of sound
(§§ 275.00-275.45).
400. Licensing and other provisions relating to firearms
(§§ 400.00-400.20).
405. Licensing and other provisions relating to fireworks
(§§ 405.00-405.18).
410. Seizure and forfeiture of equipment used in promoting
pornography (§ 410.00).
415. Seizure and forfeiture of vehicles, vessels and aircraft
used to transport or conceal gambling records
(§ 415.00).
420. Seizure and destruction of unauthorized recordings of
sound and forfeiture of equipment used in the
production thereof (§§ 420.00-420.05).
450. Disposal of stolen property (§ 450.10).
460. Enterprise corruption (§§ 460.00-460.80).
470. Money laundering (§§ 470.00-470.25).
480. Criminal forfeiture - felony controlled substance
offenses (§§ 480.00-480.35).
485. Hate crimes (§§ 485.00-485.10).
490. Terrorism (§§ 490.00-490.70).
496. Corrupting the government (§§ 496.01-496.07).
500. Laws repealed; time of taking effect (§§ 500.05-500.10).
Code nyc penal
Criminal Mischief
New York Domestic Violence Arrest, Crimes & Laws
One of the more common non-violent and property related crimes handled by New York criminal defense lawyers is Criminal Mischief. Ranging from an “A” misdemeanor to a “B” felony, the punishment can be as “little” as up to one year in jail for violating New York Penal Law section. 145.00 to as much as twenty five years in state prison for violating New York Penal Law section 145.12.
Generally speaking, if you intentionally damage property without permission or authority or do so without any reasonable ground to believe you had such a right, then you have perpetrated Criminal Mischief. In some circumstances, even recklessly damaging property is criminal. The statutory basis for all Criminal Mischief crimes from New York City to Westchester County and beyond is the misdemeanor offense of Criminal Mischief in the Fourth Degree pursuant to New York Penal Law 145.00.
Criminal Mischief in the Fourth Degree: - New York Penal Law 145.00You are guilty of Criminal Mischief in the Fourth Degree if (1) you intentionally damage another person’s property regardless of the amount of damage; or (2) you participate in the destruction of an abandoned building; or (3) you recklessly damage someone else’s property in an amount that exceeds $250.
As it is with the felony Criminal Mischief crimes, unless specified, the type of property is irrelevant, meaning, you could damage someone’s cell phone, television or clothing. It is the intent to do this damage without permission to do so.
NY Penal Law section 145.00 is an “A” misdemeanor punishable by up to a year in jail. First time offenders with verifiable local addresses may be issued a New York City Desk Appearance Ticket if they are arrested with this crime and it is not graffiti related.
Crimes Associated with Criminal Mischief in New York StateBecause Criminal Mischief is a property crime, typical offenses that are charged with it are as follows:
In addition to these crimes, Criminal Mischief often “rears its head” in the domestic violence context.
Potential Defenses to Criminal Mischief in New York StateAlthough there is no such thing as a “one size fits all” defense to any crime in New York, experienced New York criminal defense attorneys know what to look for in any allegation. For example, did the complaint against you merely state there was “damage” or did the prosecution explain how the property was in fact damaged? Is there a facial insufficiency issue or a similar issue before the Grand Jury? What if the property was jointly owned? Can you still be convicted of Criminal Mischief? Even if you did not have permission to damage the property, did you have reasonable grounds to believe you did? If so, what establishes these grounds? These are merely a few of the issues and questions you should discuss with your New York criminal defense lawyers when analyzing your case and assessing the evidence.
Relevant Blog Entries: New York Graffiti DefenseFor additional information on New York property crimes including Criminal Mischief, Making Graffiti, Burglary and others, please review the Crotty Saland PC website or the New York Criminal Lawyer Blog. The New York Criminal Lawyer Blog contains criminal statutes, legal decisions and newsworthy cases.
Founded by two New York criminal defense attorneys who served as prosecutors in the Manhattan District Attorney’s Office, Crotty Saland PC represents the accused throughout New York City and the area.
Call us at (212) 312-7129 or contact us online today.
DCJS Charge Code Manual
Revised September 27, 2021
The Charge Code Manual has been updated to include laws on the DCJS coded file as of the date noted above. Only currently active laws are included; repealed laws are not shown. You can obtain charge code information in two report formats: pdf and excel. (You can save the report and then reformat it, if desired.) Also, you can easily search on a law description, or portion of a description, in order to find a particular law. All law titles, not just penal and vehicle and traffic laws, are included.
Note: Only currently active laws are included; repealed laws are not shown on these reports.
Charge Code Manual - PDF
Charge Code Manual - Excel
A listing of all non-fingerprintable laws on the coded file is also now available. It includes all law titles and repealed laws.
Non-Fingerprintable Laws - PDF
Non-Fingerprintable Laws - Excel
If you have questions or comments, please contact the ITS Service Desk at 1.844.891.1786 or via email at [email protected] Users with access to eJusticeNY may also send questions or comments to DCJS via the Feedback link under Message Services.
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New York Assault Crimes: NY Penal Law Article 120
Whether you are accused of a felony or misdemeanor Assault, it is extremely important that you retain a competent and qualified lawyer to carefully review your case, establish the strongest legal defense, or move to dismiss the charges. While the fear of being accused of a crime, a knock on the door by a NYPD detective and even being issued a NYC Desk Appearance Ticket may be overwhelming, paralysis or a delay in implementing the best strategy can be catastrophic.
Definitions, Elements and Hypothetical ScenariosThe New York Penal Law distinguishes between three different levels or degrees of Assault. All codified in Article 120, these offenses are Penal Law sections 120.00, 120.05, and 120.10. Each of these crimes have their own unique elements, as well as their own penalties to address with your legal counsel.
Third Degree: Definition and Example
As defined in Penal Law 120.00(1), Assault in the Third Degree, a Class “A” misdemeanor, is based on the premise you caused a “physical injury” to your targeted person and it was your intent to hurt him or her in such a manner. Penal Law 120.00(2) is similar in that the physical injury you are accused of inflicting involved “substantial pain,” but this subsection and theory is based on charge of reckless, not intentional, behavior.
Possibly the most common example is an allegation that a person punched someone once, or some limited number of times, and that the victim then suffered “substantial pain” from that punch. These injuries often include bruising or redness and may even cause some bleeding but no long-term damage.
Second Degree: Definition and Example
Penal Law 120.05, Assault in the Second Degree, is a vastly more dangerous a crime than the lesser misdemeanor offense. In fact, this degree is a “violent felony offense.” While there are numerous subsections allowing for different theories, the most common of these class “D” felonies are charged through the first three subsections. You should expect the District Attorney to prosecute you post-arrest for Penal Law 120.05(1) if the evidence establishes your intent to cause, and you in fact caused, a “serious physical injury.” In addition, you can face this charge after an arrest alleging that you caused a lesser physical injury through the use of a “dangerous instrument” or “deadly weapon.” Again, not different in terms of the sentence you may face, this crime is established through Penal Law 120.05(2).
While maybe not as commonly charged in a felony complaint or an indictment, there are other felony crimes available to the District Attorney for presentation to a Grand Jury. These include Penal Law 120.05(3) where certain people such as nurses, firefighters, paramedics, police officers, and other classes of workers are intentionally and physically injured while performing heir essential services with the goal of preventing them from doing so. Penal Law 120.05(4) involves a reckless act where you use a dangerous instrument to cause the lesser physical injury to that person. Penal Law 120.05(8) and Penal Law 120.05(9) respectively, require that you intentionally try to cause a physical injury but recklessly caused a serious one or that being older than eighteen you intentionally caused a physical injury to a person ten years of age or less.
There are many more subsections and theories that you must examine with your own criminal lawyer. The arrest for one does not preclude being charged in a criminal court with other crimes.
A circumstance elevating a charge to this class “D” felony is where the injuries are more severe and constitute “serious physical injury,” or where a weapon was used in the commission of the crime, which can include anything from a broken bottle to a shoe.
First Degree: Definition and Example
Assault in the First Degree, Penal Law 120.10, is without exception the most devastating of these charges regardless of whether you are faced with a felony arrest, indictment or trial. Penal Law 120.10 does share some common ground with the lesser felony offenses but packs a far greater punch and a potential for incarceration well beyond just about any crime found in the Penal Law. Just like the lesser crimes, Penal Law 120.10 has other viable causes of action and additional subsections, but the most common offense involves the intentional infliction of serious physical injuries that cause long term protracted consequences to health and even disfigurement.
One possible theory, and an extremely common violation codified in Penal Law 120.10(1), allows for your prosecution in NYC or any Hudson Valley county if a combination of the two scenarios for Assault in the Second Degree both are present – that is if you intentionally cause a serious physical injury to another person and you use a deadly weapon or dangerous instrument to do so. Moreover, a person may be charged with this crime if they intend to seriously disfigure a person, or they permanently disable them as set forth in Penal Law 120.10(2).
Penalties and PunishmentThe penalties, if convicted, depend on the degree of the charge and the corresponding classification of that offense. Assault in the Third Degree is an “A” misdemeanor and is therefore punishable by up to one year in the local jail, such as Rikers Island, three years probation, or lesser penalties such as a conditional discharge, fines, community service, and/or surcharges. Assault in the Second Degree is a “D” violent felony and is therefore punishable by time in state prison – a presumptive mandatory two years up to seven years or five years probation. Assault in the First Degree is a “B” violent felony with a sentence up to 25 years in prison and a minimum of five years in prison.
Related Offenses and Collateral IssuesAssault is very general term that takes many different forms and permutations in the Penal Law. Interestingly, the term in New York applies to what is traditionally known elsewhere as Battery. Being one of the most generic and all-encompassing types of crime, the offenses come in many different “flavors” all of which are separated and specified by law. In addition to the various degrees, the NY Penal Law specifically refers to numerous others ranging from Reckless Assault of a Child, PL 120.02, and Vehicular Assault, PL 120.03, to Gang Assault, PL 120.06, and Assault on a Peace Officer, Police Officer, Firefighter, or Emergency Medical Services Professional, PL 120.08..
Irrespective of which offense you find yourself accused of, know that there are immigration consequences to an arrest , reporting and employment issues for individuals working for the City of New York, MTA and other governmental agencies, and reporting concerns relating to FINRA and other licensure and certification in the professional fields such as medicine.
Your Case, Your Defense, Your FutureA defense that may work for one case may not work for another. Each defense is case specific and should be vetted with your criminal defense lawyer. The following are some potential areas of law and legal defenses to the crime and other crimes found in the Penal Law:
- Degree of Injury Not Sufficient
- Self Defense
- Improper Identification (Lineup, Show up, etc.)
- Search & Seizure Issues
- Coerced or Improper Statement / Admission
Again, the above list consists of general concepts and is only a fraction of potential defenses. Your defense may or may not fall within these general concepts. Regardless, each of these may be something to address with your attorney in the event you are arrested for these charges.
When faced with a potential indictment or trial or exposed to incarceration in either a county jail or state prison, there is no substitution for knowledge, experienced and advocacy. In your time of need, contact the criminal defense attorneys and former Manhattan prosecutors at Crotty Saland PC to implement your best defense and protect your name, integrity, liberty and future.
Call the defense lawyers and former Manhattan prosecutors at (212) 312-7129 or contact us online today.