First-Degree Criminal Mischief Punishment in Kentucky

Punishment for criminal mischief in the first degree in Kentucky is a Class D felony: one to five years in prison and a mandatory fine between $1,000 and $10,000, plus restitution to the victim. A 2025 amendment to KRS 512.020 added an important off-ramp. If you repair the damage, pay full restitution, or complete court-ordered community service before trial, a first offense drops to a Class B misdemeanor.¹

When the Charge Applies

Under KRS 512.020, a person commits first-degree criminal mischief by intentionally or wantonly damaging, destroying, or defacing property they have no right to damage, when the loss totals $500 or more.¹ The threshold was $1,000 until mid-2025, so older guides listing the higher figure are out of date.

Intentional conduct means the person consciously aimed to cause the damage. Wanton conduct means they were aware of a serious risk and disregarded it. Accidents and ordinary negligence do not qualify, which is what keeps everyday property disputes in civil court. The statute also reaches tenants who damage rental property and squatters who damage real property, using the same $500 threshold.¹

Prison, Fine, and Restitution

Prison

A Class D felony sentence in Kentucky runs from one to five years.² Kentucky felony sentences are indeterminate: the judge sets the maximum within that range, and the actual release date is handled later through corrections. The jury’s recommendation turns on the amount of damage, prior record, and any aggravating facts. First-time offenders near the lower damage end tend to see sentences closer to one year; cases with extensive damage or prior felonies push toward five.

Fine

Every Kentucky felony carries a mandatory fine. For a Class D felony that fine runs from $1,000 to $10,000, or double the defendant’s gain from the offense if that number is higher. The court must consider ability to pay, hardship on dependents, and whether the fine would interfere with restitution. A defendant found to be indigent is exempt from the fine entirely.³ In most criminal mischief cases there is no financial gain to the defendant, so the $1,000-to-$10,000 band is what applies.

Restitution

Restitution is separate from the fine. The court orders the defendant to pay the actual cost of repairing or replacing the damaged property. Interest is not added to the order, and the restitution order does not block the victim from filing a civil suit for additional damages; any civil judgment is reduced by what the defendant already paid through restitution.⁴ The court keeps jurisdiction until the full amount is paid.

Higher Penalties During a Declared Emergency

If the offense happens during a declared emergency from a natural or man-made disaster, inside the area covered by the declaration and affected by the disaster, the charge is elevated from a Class D felony to a Class C felony.¹ A Class C felony carries five to ten years in prison.² The enhancement is tied specifically to the declared area and time period; vandalism elsewhere or after the emergency ends does not qualify.

Reducing the Charge Before Trial

This is the provision anyone facing this charge needs to know about. The 2025 amendment to KRS 512.020 allows a defendant who, before trial, repairs or replaces the damaged property, pays full restitution, or completes court-ordered community service to have the charge reduced.¹

On a first offense, the felony is reduced to a Class B misdemeanor, which carries up to 90 days in jail and a fine of up to $250.⁵
On a second or subsequent offense, the felony is reduced to a Class A misdemeanor, up to 12 months in jail and a fine of up to $500.⁵

If the court orders community service, it sets the hours based on total damage, with a floor of 15 hours. The deadline is strict: the reduction has to be earned prior to trial. Once trial begins, the window closes. The practical move is to raise this with your attorney at the first opportunity, because arranging payment, repairs, or service hours takes time, and the gap between a felony record and a misdemeanor record follows you for life.

What the Felony Costs Beyond Sentencing

The sentence is only part of the exposure. A felony conviction brings restrictions that outlast the prison term.

Firearms

Kentucky law bars anyone convicted of a felony from possessing a firearm. Violating that bar is itself a Class D felony, and if the firearm is a handgun it becomes a Class C felony with a five-to-ten-year sentence.⁶ The only exceptions are a full pardon from the Governor or relief under the federal Gun Control Act. Federal law carries its own parallel ban, so state restoration alone does not clear the way.

Jobs, Licenses, and Housing

A felony shows up on background checks and can disqualify applicants from education, healthcare, finance, and government jobs, as well as any role requiring a professional license. Licensing boards weigh the nature of the offense, time passed, and rehabilitation, but a property destruction felony raises concerns anywhere the role involves access to assets. Many landlords also screen for felony records.

Civil Lawsuit

The criminal case does not block a civil suit. The victim can sue for the full cost of repair or replacement, with any restitution already paid credited against the judgment.⁴ For intentional destruction, the victim can also pursue punitive damages, and the criminal conviction itself can be powerful evidence in the civil case.

Expungement After Five Years

Certain Class D felonies in Kentucky, including first-degree criminal mischief, can be vacated and expunged. The earliest a person can apply is five years after completing the sentence, probation, or parole, whichever ends last. The applicant must have no other felony or misdemeanor convictions in that five-year window and no pending criminal matters. The Commonwealth’s attorney gets 60 days to respond, and the court can grant the expungement without a hearing if no objection is filed.⁷

An expungement restores legal status as though the conviction never happened, which lifts the Kentucky firearms prohibition and clears the record for background checks. Given the long tail of a felony, planning for that five-year path from the day of sentencing is worth doing.

1
Kentucky Legislative Research Commission. Kentucky Revised Statutes 512.020 – Criminal Mischief in the First Degree
2
Justia. Kentucky Code 532.060 – Sentence of Imprisonment for Felony
3
Justia. Kentucky Code 534.030 – Fines for Felonies
4
New York Codes, Rules and Regulations. Kentucky Rules of Criminal Procedure Rule 11.06 – Restitution
5
Kentucky Legislative Research Commission. Kentucky Revised Statutes 532.090 – Sentence of Imprisonment for Misdemeanor
6
Kentucky Legislative Research Commission. Kentucky Revised Statutes 527.040 – Possession of Firearm by Convicted Felon
7
Kentucky Legislative Research Commission. Kentucky Revised Statutes 431.073 – Certain Felony Convictions May Be Vacated and Records Expunged