C.G.S. § 53a-115 — Criminal Mischief in the First Degree

A person commits Criminal Mischief in the First Degree when, having no reasonable ground to believe they have a right to do so, they do any of the following:

• Damage another’s property with intent to cause damage, and the amount exceeds $1,500;
• Damage or tamper with utility/transportation/power/communications equipment with intent to interrupt or impair service, and service is actually interrupted or impaired;
• Damage state-owned or leased electronic monitoring equipment (e.g., ankle monitor) so it stops working;
• Damage or tamper with public safety systems (fire/police alarms, state or municipal telecom systems, EMS/fire dispatch, fire suppression equipment, hydrants/hydrant systems) with intent to interrupt or impair service, and service is actually interrupted or impaired;
• Damage state or municipal property on public land exceeding $1,500.

1. The defendant damaged or tampered with the specified tangible property;
2. The defendant acted with the required intent (to cause damage, or to cause service interruption/impairment);
3. The defendant had no reasonable ground to believe they had a right to do so;
4. For service-interruption subsections, that service was actually interrupted or impaired;
5. For value-based subsections, that damage exceeded $1,500.

• Class D felony
• Up to 5 years in prison
• Fine up to $5,000
• Probation possible (often with restitution, no-contact orders, counseling)
• Additional court costs; in public-land cases, added financial consequences may apply

• Cutting a fiber-optic line and knocking out internet/phone service to a neighborhood.
• Smashing or disabling fire alarm pull stations or hydrants, causing a real interruption in public safety service.
• Damaging an ankle monitor so it stops transmitting.
• Vandalism to state/municipal property on public land (statues, monuments, kiosks, park facilities) where repair costs exceed $1,500.

• Fiber line cut behind a plaza: During a dispute with a landlord, a tenant snips a cable bundle feeding the building, and several suites lose phone/internet for hours. Intent to interfere + actual service interruption fits first-degree mischief.
• Hydrant disabled after midnight: Someone opens a hydrant and removes parts, dropping pressure to the block; the fire department can’t maintain flow until repairs. Tampering that actually impairs fire-suppression capacity triggers this statute.
• Ankle monitor “accidentally” smashed: While out on probation, a person pries off and damages their state-issued monitor so it stops working. That interruption in function satisfies the monitoring-equipment prong.
• Contractor with permission (not guilty example): A contractor removes park fixtures during an approved renovation. The town later disputes the scope and claims “damage,” but the contractor shows written authorization and invoices. With a reasonable ground to believe they had a right to act, § 53a-115 is not met (civil dispute, not felony mischief).

• § 53a-116 — Criminal Mischief in the Second Degree (Class A misdemeanor; includes $250+ damage and risk of service interruption)
• § 53a-117 — Criminal Mischief in the Third Degree (Class B misdemeanor; intentional/reckless damage or tampering placing property in danger)
• § 53a-117a — Criminal Mischief in the Fourth Degree (Class C misdemeanor; public-safety devices like hydrants/alarms under specific circumstances)
• § 53a-117e/f/g — Criminal Damage of a Landlord’s Property (landlord-tenant specific)
• Trespass, Breach of Peace, Disorderly Conduct — often added where entry, disturbance, or conflict is involved

Element challenges

• Amount of damage: Independent estimates to show under $1,500; pre-existing wear; cheaper repair options.
• Actual interruption requirement: For utility/public-safety prongs, show no actual interruption (only risk), or that any downtime wasn’t caused by the accused.
• Right/consent: Work orders, emails, leases, contracts, or permissions creating a reasonable belief of right.
• Identity & causation: Surveillance gaps, tool-mark analysis, network logs, and chain-of-custody issues.
• Mens rea: Reframe as accident or ordinary negligence (which fits lower degrees, if any).

Negotiation pathways

• Restitution-first proposals (repair or replacement documented) to drive reductions to § 53a-116/117 or other non-felony resolutions.
• Where family/household dynamics are involved, consider family-violence docket handling with targeted services.

Diversionary options

• Accelerated Rehabilitation (AR): Potentially available for eligible first-time offenders on Class D felonies, subject to court discretion, victim input, and statutory criteria. Successful completion typically results in dismissal/erasure.
• Family Violence Education Program (FVEP): If the case is on the family-violence docket, FVEP may be considered depending on facts and prosecutor/court approval.

Do they have to prove actual service interruption?
Yes—for the utility/public-safety prongs, the State must show actual interruption or impairment. A mere risk of interruption aligns more with second degree.

Is $1,500 the same as replacement cost?
Courts look at reasonable repair or replacement cost. Competing estimates can matter.

What if I truly thought I had permission?
A reasonable belief of right is a direct defense to the statute’s “no right to do so” requirement.

Can paying for the damage make the case go away?
Restitution helps but does not guarantee dismissal. It can support reductions or diversion.

Will a conviction affect jobs or licensing?
It’s a felony, so collateral consequences are real. Early strategy aims to avoid a felony record.

A § 53a-115 arrest is serious because it’s a felony and often involves claims of public-safety or utility disruption. We move fast to challenge value and interruption proofs, document consent, secure estimates, and push for reductions, restitution-based resolutions, AR, or FVEP where appropriate.

Call (203) 357-5555 or fill out my contact form for a free, confidential consultation. We defend clients across Connecticut and fight to protect your record, your rights, and your future.