S 145.00 Criminal mischief in the fourth degree.A person is guilty of criminal mischief in the fourth degree when,having no right to do so nor any reasonable ground to believe that he orshe has such right, he or she: 1. Intentionally damages property of another person; or 2. Intentionally participates in the destruction of an abandonedbuilding as defined in section one thousand nine hundred seventy-one-aof the real property actions and proceedings law; or 3. Recklessly damages property of another person in an amountexceeding two hundred fifty dollars; or 4. With intent to prevent a person from communicating a request foremergency assistance, intentionally disables or removes telephonic, TTYor similar communication sending equipment while that person: (a) isattempting to seek or is engaged in the process of seeking emergencyassistance from police, law enforcement, fire or emergency medicalservices personnel; or (b) is attempting to seek or is engaged in theprocess of seeking emergency assistance from another person or entity inorder to protect himself, herself or a third person from imminentphysical injury. The fact that the defendant has an ownership interestin such equipment shall not be a defense to a charge pursuant to thissubdivision. Criminal mischief in the fourth degree is a class A misdemeanor.
Upon conviction of a Class “A” misdemeanor, a court may sentence an individual to a maximum of one year in jail or three years probation. In addition, a fine of up to $1,000 or twice the amount of the individual's gain from the crime may be imposed.
Chapter 1 - Criminal Justice System for Adults in NYS
Usually you get probation and fine but its possible that you could go to jail for a Class A.See if you can plead for deferred adjudication you complete terms and it gets dismissed form your record.
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