KRS 512.040: Criminal Mischief in the Third Degree

What Is KRS 512.040?

KRS 512.040 is Kentucky’s third-degree criminal mischief statute. It is the lowest level of criminal mischief, applying to minor property damage. People in Lexington and Louisville commonly face these charges in disputes that escalate.

What the Statute Prohibits

A person commits criminal mischief in the third degree when they intentionally or wantonly deface, destroy, or damage property of another with damage less than $500.

Penalties Under KRS 512.040

Class B misdemeanor: Up to 90 days in jail
Restitution required
Substantial fines

Common Scenarios

Minor vandalism
Domestic disputes with broken items
Throwing objects
Drawing on or marking property
Bar fights with property damage

Defenses Available

Lack of intent
Property had no value or minimal value
Self-defense or accident
You had permission to handle the property

Why Even a Misdemeanor Matters

Even Class B misdemeanors create permanent records. Clark + Harris regularly secures dismissals and reductions. Call 859-474-0001 — 24/7.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

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