New York criminal charge
Possession of graffiti instruments in New York
Possession of graffiti instruments is a Class B Misdemeanor under New York criminal law, defined by N.Y. Penal Law § 145.65. As a Class B Misdemeanor, it is punishable within the statutory sentencing range New York sets for that offense class. New York classifies offenses as felonies (classes A-I and A-II through E), misdemeanors (classes A and B, plus unclassified), violations, and traffic infractions — and a violation or traffic infraction is not a crime (N.Y. Penal Law § 10.00(6); N.Y. Vehicle & Traffic Law § 155). Felony sentences divide into indeterminate and determinate schemes depending on the offense (N.Y. Penal Law §§ 70.00, 70.02).
Defined by N.Y. Penal Law § 145.65.
What is the penalty for possession of graffiti instruments in New York?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 3 months (definite sentence (PEN 70.15(2)); probation of 1 year available instead (PEN 65.00(3))) | discretionary | N.Y. Penal Law § 70.15 |
| Fine | up to $500 (or up to double the defendant's gain from the crime (PEN 80.05(5))) | discretionary | N.Y. Penal Law § 70.15 |
Applies to current.
Common questions about possession of graffiti instruments in New York
What class of misdemeanor is possession of graffiti instruments in New York?
Possession of graffiti instruments is a Class B Misdemeanor in New York under N.Y. Penal Law § 145.65.
What are the penalties for possession of graffiti instruments in New York?
As a Class B Misdemeanor, possession of graffiti instruments carries up to 3 months (the maximum authorized for the class) of incarceration and a fine of up to $500 (the maximum authorized for the class) under N.Y. Penal Law § 70.15 (current).
Which New York statute covers possession of graffiti instruments?
Possession of graffiti instruments is governed by N.Y. Penal Law § 145.65 (Possession of graffiti instruments).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.