Member of:
Justia Lawyer Rating
American Association for Justice
NYSTLA
Union Plus
AARP

New York Graffiti and Tagging Frequently Asked Questions

Is Graffiti a Crime in New York?

Yes, graffiti and tagging are crimes. They are forms of vandalism that cause damage or destruction to property that belongs to someone else. Typically, graffiti and tagging is done with paint or etching agents but can involve any type of defacing of property using lettering or images. Under the New York penal code, graffiti is a form of criminal mischief called “making graffiti”. In order to be convicted of making graffiti, the prosecutor must prove the following:

  • The defendant etched, painted, covered, drew upon, or otherwise placed a mark on public or private property.
  • The defendant intended to damage the property.
  • The defendant did not have the express permission of the owner or operator of the property to place a mark on it.

In addition to the crime of making graffiti, it is also illegal to possess graffiti instruments. In other words, a person could be convicted of a graffiti related offense by merely possessing any tool or substance commonly used to make graffiti.

Back to Top

What Are the Possible Sentences for Graffiti and Tagging?

The crime of making graffiti is a class A misdemeanor. This means that if the convicted the defendant may be sentenced to jail for less than a year, may be required to pay a fine and fees, and may be required to pay restitution. First offenders are not likely to be sentenced to jail, while repeat offenders or offenders who deface multiple buildings are more likely to be sent to jail.

Back to Top

Is Graffiti Ever Legal?

It is never legal to paint, etch, cover, or in any way mark a building without permission. There have been community mural projects throughout New York that feature graffiti art. However, to be legal, such projects must get approval from building owners and in some cases, the city.

Back to Top

Contact the Law Offices of Stephen Bilkis & Associates

If you were arrested for making graffiti, possession of graffiti instruments, or any other criminal mischief offense, it is important to have experienced representation. Even if though crimes related to graffiti are misdemeanors, a conviction may mean jail time, community services, fees, fines, and other consequences to be avoided. The skilled criminal attorneys at the Law Offices of Stephen Bilkis & Associates have more than 20 years of experience successfully representing clients in New York charged with felonies and misdemeanors. We can help. Contact us at 800.NY.NY.LAW (800.696.9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Queens, Nassau County, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County, and Westchester County.

Back to Top

Client Reviews
★★★★★
My wife and I met under some unconventional circumstances. After I had some legal problems, Mr Bilkis and his firm continually got me out of trouble. I then had his firm represented my wife and he got her out of trouble! We are still married and got our ways straightened away. We both can't thank him enough for saving our lives and our families! J.P.
★★★★★
I contacted Stephen Bilkis' office for an issue regarding a family member and I could not be happier with the results. I have recommended the firm to friends and family, all of whom were also ecstatic with Mr. Bilkis and all members of his staff. P.R.
★★★★★
I was in need of legal assistance for a very sensitive matter for a family member. I contacted the law offices of Stephen Bilkis & Associates, PLLC and was met with staff whose demeanor was supportive, compassionate and professional. The lawyer handling our case had many years of experience and treated us as if we were his own family. Our experience was so good, and we became so close to all of the staff and all of the attorneys who assisted us, that we consider them our extended family and continue to send them our home baked gifts for the holidays. P.A.K.
★★★★★
I hired Stephen Bilkis and Associates to represent me on a legal matter a few months ago and am grateful for their swift action and resolution on my behalf. I was impressed with their professionalism and would recommend them to friends and family in a heartbeat. M.B.