Understanding Desk Appearance Tickets for Graffiti Offenses in New York City

In New York City, individuals accused of graffiti-related offenses may receive a Desk Appearance Ticket (DAT), which is an order to appear in criminal court at a future date instead of being held in custody for arraignment . While a DAT allows the accused to remain out of jail pending their court date, it is important to understand that it signifies an arrest and carries serious legal implications.

Legal Framework for Graffiti Offenses

Under New York Penal Law § 145.60, “Making Graffiti” is defined as etching, painting, covering, drawing upon, or otherwise marking public or private property with the intent to damage it, without the owner’s permission . This offense is classified as a Class A misdemeanor, punishable by up to 364 days in jail and a fine of up to $1,000 .

Additionally, under New York Penal Law § 145.65, “Possession of Graffiti Instruments”—such as spray paint cans, broad-tipped markers, or etching acid—with the intent to use them unlawfully is a Class B misdemeanor, carrying a maximum penalty of 90 days in jail .

If the graffiti causes property damage exceeding $250, charges may escalate to “Criminal Mischief in the Third Degree” (Class E felony), which carries more severe penalties .

New York City Administrative Code Provisions

The New York City Administrative Code § 10-117 further prohibits defacement of property and regulates the possession and sale of graffiti instruments. For instance, it is illegal to sell or offer for sale aerosol spray paint cans, broad-tipped indelible markers, or etching acid to individuals under 18 years of age .

Implications of Receiving a Desk Appearance Ticket

Receiving a DAT for a graffiti offense means that you have been arrested and are required to appear in court on the specified date. Failure to appear can result in the issuance of a bench warrant for your arrest .

At the arraignment, the charges listed on the DAT may be modified or supplemented by the District Attorney’s office. For example, an initial charge of Making Graffiti could be accompanied by additional charges such as Criminal Mischief, depending on the circumstances and evidence .

Legal Consequences and Defense Considerations

A conviction for a graffiti-related offense can lead to jail time, fines, probation, community service, and a permanent criminal record. This record can have long-term effects on employment opportunities, housing, and immigration status.

Defenses against graffiti charges may include lack of intent to damage property, mistaken identity, or having the property owner’s permission. It is advisable to consult with a criminal defense attorney experienced in handling DATs and graffiti-related offenses to explore potential defenses and mitigate consequences .

Conclusion

While a Desk Appearance Ticket for a graffiti offense in New York City may seem less severe than immediate detention, it is a serious legal matter that requires prompt attention. Understanding the relevant statutes and potential penalties is crucial. Engaging qualified legal counsel can help navigate the complexities of the legal system and work towards a favorable outcome. Matthew Galluzzo is a former Manhattan prosecutor and experienced criminal defense attorney who has helped numerous individuals accused of graffiti crimes in New York City, including high-profile and internationally-renowned artists, as well as political activists. If you or a loved one have been accused of a graffiti crime, you should strongly consider contacting Matthew Galluzzo.