Jeremy Saland, Esq.
The police in New York are aggressive in their pursuit of vandalism, including people spray painting, tagging or marking up both private and public property. Making Graffiti, pursuant to New York Penal Law 145.60, is a crime that the District Attorney's Offices and police agencies are taking a firm stand against and are actively enforcing.
Understanding the Crime of NY Penal Law 145.60: Generally, you are guilty of making graffiti, NY Penal Law 145.60, when you mark up another person’s property whether it is owned by a private company or a branch of government. While many people likely assume making graffiti involves permanent damage such as the use of permanent markers, deep scratches and grooves, or some form of paint to make a mural, tag a wall, the New York Penal Law does not require your actions reach this level. Covering another person’s property with posters or stickers also violates NY PL 145.60.
Making Graffiti and the NYPD Vandal Squad: The Vandal Squad is relentless in their pursuit of graffiti and street artists. Making Graffiti is an "A" misdemeanor punishable by up to one year in jail. In the event you are accused of making a particular tag or sign, the NYPD may use an earlier or current arrest, or your admission about a tag, as probable cause in an attempt to arrest you again and charge you with as many offenses as they can link back to your alleged conduct.
In the event you are accused of graffiti related crimes in New York City, never be afraid to exercise your right to remain silent and to request an attorney. While it may upset the arresting or investigating police officers and you may be subject to threats of additional arrests or higher-level charges, you will only have yourself to blame if you provide the necessary evidence – an admission – that allows law enforcement to prosecute you to the full extent allowed by law.
If you are being investigated or have been arrested for Making Graffiti, NY PL 145.60, or the related crimes of Criminal Mischief and Possession of Graffiti Instruments, contact Crotty Saland PC.
Call our New York Making Graffiti criminal defense lawyers at (212) 312–7129 or contact us online today.