Arizona Criminal Damage ARS 13-1602 and 13-1604
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Watch this short video where David explains Criminal Damage in Arizona:
Criminal Damage in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-1602 and §13-1604 “Criminal Damage” occurs when a person “recklessly” defaces, damages, or tampers with someone’s property as to substantially impair it’s function or value.
“Criminal Damage” also occurs by drawing or inscribing a message, slogan, sign or symbol on any public or private building, structure or surface, without permission of the owner. “Aggravated Criminal Damage” occurs when the Criminal Damage, either intentionally or recklessly committed, takes place at a place of worship, at a school or educational facility, or at a cemetery or mortuary (i.e., any place designed for the purpose of burying or memorializing the dead).
If you have been charged with Criminal Damage in Phoenix or Arizona you need expert and knowledgeable legal representation. DM Cantor are here 24/7 to talk with you about your case. Call 602-307-0808 for a Free Consultation.
Possible Punishment for Criminal Damage
For standard “Criminal Damage” (i.e., not “Aggravated Criminal Damage” cases), if the amount of damage is $10,000.00 or more, it can be charged as a class four (4) felony. A first offense class four (4) felony punishment can be probation with zero (0) days in jail up to one (1) year in jail, or prison of one (1) year to three and three quarters (3.75) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is two and one quarter (2.25) to seven and one half (7.5) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is six (6) to fifteen (15) years of incarceration.
If the amount of damage is $2000.00 or more, but less than $10,000.00, it can be charged as a class five (5) felony. For a first offense class five (5) felony, punishment can be probation with zero (0) days up to one (1) year in jail, or prison of six (6) months to two and one half (2.5) years in custody. If the person has one (1) historical allegeable prior felony conviction, then the “prison only” range is one (1) to three and three quarters (3.75) years of incarceration. If the person has two (2) historical allegeable prior felony convictions then the “prison only” range is three (3) years to seven and one half (7.5) years of incarceration.
If the Criminal Damage amount of loss is $1000.00 or more, but less than $2000.00, then this can be charged as a class six (6) felony. For a first offense a class six (6) felony, punishment can be probation with zero (0) days up to one (1) year in jail, or prison of four (4) months to two (2) years of incarceration. If the person has one (1) historical allegeable prior felony conviction, then the “prison only” range is nine (9) months to two and three quarters (2.75) years in prison. If the person has two (2) historical allegeable prior felony convictions, then the “prison only” range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.
If the Criminal Damage amount of loss is $250.00, but less than $1000.00, it can be charged as a class one (1) misdemeanor, punishable by a term of probation and up to six (6) months in jail.
If the amount is less than $250.00, it can be charged as a class two (2) misdemeanor. A class two (2) misdemeanor carries a range of punishment of probation and up to four (4) months in jail. Additionally, a fine of $750.00 plus 84% surcharges can be imposed.
Possible Punishment for Aggravated Criminal Damage
For “Aggravated Criminal Damage”, if the amount of damage is $10,000.00 or more, this can be charged as a class four (4) felony. For a first offense class four (4) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail, or prison of one (1) year to three and three quarters (3.75) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is two and one quarter (2.25) to seven and one half (7.5) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is six (6) to fifteen (15) years of incarceration.
If the amount of damage is $1500.00 or more but less than $10,000.00, then this can be charged as a class five (5) felony. For a first offense class five (5) felony punishment can be probation with zero (0) days up to one (1) year in jail, or prison of six (6) months to two and one half (2.5) years in custody. If the person has one (1) historical allegeable prior felony conviction, then the “prison only” range is one (1) to three and three quarters (3.75) years of incarceration. If the person has two (2) historical allegeable prior felony convictions then the “prison only” range is three (3) years to seven and one half (7.5) years of incarceration.
If the amount is less than $1500.00, then this can be charged as a class six (6) felony. For a first offense class six (6) felony, punishment can be probation with zero (0) days up to one (1) year in jail, or prison of four (4) months to two (2) years of incarceration. If the person has one (1) historical allegeable prior felony conviction, then the “prison only” range is nine (9) months to two and three quarters (2.75) years in prison. If the person has two (2) historical allegeable prior felony convictions, then the “prison only” range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.
Possible Defenses to Criminal Damage and Aggravated Criminal Damage
Two key defenses to Criminal Damage are “Lack of Intent” and “Lack of Criminal Recklessness”. These are accomplished by demonstrating that a person did not “intentionally” cause damage or “recklessly” cause damage, to the property of another. For example, if somebody is merely in a car accident, then they should not be charged with Criminal Damage, even if their conduct in the accident could seem as somewhat reckless; this is because “criminal recklessness” has a very specific definition. In order to be “criminally reckless,” a person must have acted in a way that is a gross deviation from the standard of conduct that a reasonable person would observe in the same situation. It is important to demonstrate to the prosecutor that although there has been damage to some property as a result of the defendant’s actions, any damage caused was unintentional, and a reasonable person would not have acted wildly different from the defendant if put in his situation.
Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda rights violation.” In Arizona, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, the “denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what else you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; etc.. Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled Criminal Damage lawyer to defend you, who has knowledge of all the possible defenses to assert in your case. Before speaking with other lawyers, check out our Criminal Damage victories page.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Phoenix Criminal Attorney and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers and Criminal Law Specialists are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Phoenix Criminal Damage Attorneys know the system well. For a free initial consultation, Call Us at 602-307-0808 for a 24/7 Free Consultation.
A.R.S. §13-1602: Criminal Damage in Arizona
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In Arizona, as well as the rest of the United States, the right to own, use and enjoy one’s own property is considered to be fundamental. As a result, many laws have been enacted to ensure that property owners are permitted to control their property as they see fit. One such law in Arizona is A.R.S. §13-1602, “Criminal Damage.” This law provides that “recklessly defacing or damaging the property of another person,” or recklessly tampering with another’s property in a way that substantially impairs its value or function, is illegal. The law also prohibits damaging property of a utility and “[r]ecklessly drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface” without the owner’s permission.
Additionally, A.R.S. §13-1604 prohibits defacing, damaging or tampering religious structures, educational facilities, cemeteries and mortuaries, and utilities or agricultural infrastructures. Doing so constitutes the “Aggravated” version of this crime.
The penalties for both of these charges can be serious, so if you have been charged with either of these crimes, you should contact a criminal defense lawyer as quickly as possible. The experienced defense attorneys of the Law Offices of David Michael Cantor can help you; find out more information through a free consultation by contacting us via our secure, confidential contact form or call 602-307-0808.
Potential Punishments: Criminal Damages
The punishments for non-aggravated damage charges depend on the amount of the damage. If the amount of damage is less than $250, the charge is a class two (2) misdemeanor, punishable by up to four months in jail and probation, as well as a fine of $750 plus an 84% surcharge. On the opposite end of the spectrum is damage that causes at least $10,000. The resulting charge is class four (4) felony, which, if it is a first offense, is punishable by probation and up to one (1) year in jail, or a prison term of between one (1) year to three years and nine months (3.75 years) in prison. If it is a second offense, the prison term range increases to between two years, three months (2.25 years) and seven years, six months (7.5 years). If the criminal damage conviction is your third felony conviction, the prison term ranges from between six (6) years to fifteen (15) years. Between these two extremes are charges classified as class five (5) and six (6) felonies and class one (1) misdemeanors.
Potential Punishments: Aggravated Criminal Damages
Aggravated Criminal Damage charges also result in steep penalties. If found guilty of causing any amount of damage up to $1,500 will result in a class six (6) felony charge. Such charges are punishable by probation and up to one (1) year in jail, or between four (4) months and two (2) years of prison for a first offense. Those with one prior offense will face sentences of between nine (9) months and two years, nine months (2.75 years) in prison. Those with two prior offenses face prison terms of between two years, three months (2.25 years) and five years, nine months (5.75 years).
Damaging property and causing higher levels of damage results in steeper penalties. The maximum value range for Aggravated Criminal Damage is $10,000 and up. Causing that much damage will result in a class four (4) felony charge, with a first offense punishable by probation and up to one (1) year in jail, or between one (1) year and three years, nine months (3.75 years) in prison. One prior conviction increases the prison term range to two years, three months (2.25 years) to seven years, six months (7.5 years). Two prior convictions increase the range to between six (6) years and fifteen (15) years in prison.
Possible Defenses to Criminal Damage
Close readings of the damage statutes allow our firm to assert defenses such as lack of intent and lack of criminal recklessness, through which we demonstrate that even if a person did cause damage, he did not do so intentionally or recklessly. Criminal recklessness is not the same as recklessness in the lay sense, so our firm forces prosecutors to show that the defendant acted in a manner grossly different from how a reasonable person would behave.
The Law Offices of David Michael Cantor fights for clients with a wide array of defenses, including more general defenses such as denial of the right to counsel, which can occur where police question you without heeding your requests for a lawyer. Our firm may also assert a defense of Miranda rights violation, which can occur where a defendant is not read his rights or where a defendant is forced or tricked into making an involuntary confession. Our firm also scrutinizes police reports and procedures for mistakes, inaccurate or misleading information, forensic flaws, search warrant validity, improper photo lineups, and other issues that can aid in your defense.
Hiring a firm with the highest Martindale Hubbell® rating of AV® such as David Michael Cantor can give you the peace of mind that comes with a firm with the highest ethics and skills. Criminal defense lawyer David Michael Cantor is a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization, and many of the firm’s lawyers are former prosecutors with insights into the justice system. The firm as well as all of its lawyers is also listed in the Bar Register of Preeminent Lawyers®. You can contact the Law Offices of David Michael Cantor for a free consultation by contacting us via our secure, confidential contact form or call 602-307-0808.
Criminal Trespassing in Arizona – ARS 13-1502, 13-1503 & 13-1504
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In the Phoenix area or anywhere else in the state of Arizona, as per A.R.S. §13-1502, §13-1503 and §13-1504, the crime of Trespass generally occurs when an individual knowingly steps onto or into a property after being told to leave. It can also occur when they do not have permission to enter or remain on the premises by the owner or when there is a sign warning against trespassing.
There are varying degrees of this criminal activity. Per A.R.S. §13-1504, first degree criminal Trespass is when a person enters or stays on a residential structure or fenced in residential yard in an unlawful manner while looking into that structure without regard of the privacy of the individuals inside. Another means of the crime in the first degree can occur if an individual is on a property without claim to work, take hold of or investigate minerals on the property. In addition, first degree criminal Trespass occurs when a person is found going into or staying in a public service facility in an unlawful manner or damaging property while on a property, such as defacing a religious symbol. First degree trespass can be either a felony or misdemeanor depending on the severity of the offense.
Second degree criminal Trespass, per A.R.S. §13-1503, occurs when an individual unlawfully enters or stays on a non-residential building or commercial yard that is fenced in. Third degree criminal Trespass, per A.R.S. §13-1502, occurs after a person has been told by the owner of a property or another individual who has control over it to leave but they refuse to. Third degree criminal Trespass can also occur when a person has violated a sign warning trespassers. An example is someone who stands unlawfully on the train tracks or railroad company property and preventing a train from moving forth. Second and Third degree Trespass are considered misdemeanors by the State of Arizona.
Penalties for Criminal Trespassing in Arizona
The penalty for criminal trespass in Arizona varies depending on the charge. When someone is found to be in the first degree, it is considered a class six felony and can involve unlawful entering or remaining in a residential building or critical public service facility or religious artifact defacing. As a result of this offense, an individual can receive probation as well as zero days to one year jail time, or prison time lasting four months to two years. If the individual has one prior felony conviction, the punishment is “prison only” that can last nine months to two and two and three quarter years. With two previous felony convictions, the individual can see two and one quarter to five and three quarters of prison time.
If the offense involves an individual entering or staying on a fenced in property and looking in on others or illegally mining in the area, it is considered a class one misdemeanor. Punishment for a class one misdemeanor can be probation with zero days to six months of jail time and a fine of as much as $2,500 with a surcharge of 84 percent. In the case of second degree criminal Trespass, it is a class two misdemeanor, which carries a punishment of probation, up to four months of time in jail and a fine of $750 with an 80 percent surcharge. When the individual is charged with a third degree crime, it is a class three misdemeanor, which has a punishment of probation and up to 30 days in jail. Additionally, there can be a fine that includes a surcharge of 80 percent.
Defenses for Criminal Trespassing in Arizona
There are a few possible defenses for trespassing. In general, however, the key is for a criminal defense lawyer to prove that the defendant did not intend to commit the crime. In other words, the attorney must prove that the individual did not realize they could not be on or remain on the property. Another possible defense is that the individual who asked the defendant to leave did not have the authority to do so. The criminal defense attorney will have to bring evidence forth about their client’s good character and that the individual who asked them to leave has the habit of overreacting.
Other possible defenses for Trespass include violation of Miranda rights, which, in Arizona, means the individual was not informed of their rights when being arrested. There is also the denial of right to counsel defense that means the defendant was not allowed to speak with a lawyer after being taken into custody. There is also the possibility of proving forensic flaws.
Trespassing charges in Arizona are a criminal matter, you will need the skills of an excellent criminal defense lawyer. David Michael Cantor is a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization and our law firm is AV® rated with the highest possible rating by Martindale Hubbell®. For a free case review, please give our offices a call, 24 hours a day at (602) 307-0808 or use our confidential email form.
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Criminal Property Damage
Laws on Criminal Damage to Property
Arizona Criminal Damage
Criminal damage is the most common property damage crime in the state of Arizona. It encompasses many actions and there are several ways you could be charged with it.
Generally, criminal damage is recklessly doing any one of the following:
Charged with Criminal Property Damage? Please call (800) 921-7210.
A. Damaging or defacing the property of another
B. Tampering with someone else’s property to impair its function or reduce its value,
C. Tampering with utility property (gas, water, telephone, etc),
D. Parking your vehicle to block livestock from getting access to water, or
E. Graffiti on a public or private building.
The charge entered with the court is dependent on the value of the damage. The value in question is not the value of the property (unless it was completely destroyed), but the value of the damage done.
Value Criminal Damage Charge Potential Sentence for first time felony offenders
$10,000 or more Class 4 Felony 1 ½ to 3 years in prison
$2,000- $10,000 Class 5 Felony 8 months to 2 years in prison
$250- $2,000 Class 6 Felony 6 to 18 months in prison
Less than $250 Class 2 Misdemeanor Up to 4 months in jail and $750 in fines
All felonies in Arizona carry a potential maximum fine of $150,000.
In addition to your potential prison sentence and fines, you may be required to pay restitution to the victim of your offense.
Ref: ARS 13-1602
Aggravated Criminal Damage
More serious that criminal damage, aggravated criminal damage involves more intent in your actions and carries much harsher penalties. You may be charged with this elevated offense if the prosecution has probable cause that you committed any of the following acts either intentionally or recklessly:
A. Defacing, damaging, or changing the appearance of any building, structure, personal property, or church,
B. Defacing or damaging any place used as a school, or
C. Defacing, damaging, or tampering with any cemetery, mortuary or the property of one,
Like criminal mischief, the charges you face for this offense depend on the value of the damage done.
Value Charge Potential Sentence for first time felony offenders
$10,000 or more Class 4 felony 1 ½ to 3 years in prison
$500- $10,000 Class 5 felony 8 months to 2 years in prison
Less than $500 Class 6 felony 6 to 18 months in prison
Aggravated criminal damage can also be committed by damaging, defacing, or tampering with agricultural property, construction sites, or structure used to obtain nonferrous metals. If you are charged with one of these offenses your charge will be slightly elevated from those above.
WHAT IS CRIMINAL DAMAGE (ARS 13-1602)?
At its most simple definition, ARS 13-1602 is a crime against property. However, even though no one got hurt, you could still be facing some very serious penalties and jail or prison time. It is important to note that Criminal Damage is often levied alongside other charges, such as burglary (for example, breaking a window or door to enter a house to steal something can lead to both burglary and criminal damage charges). So, therefore all the penalties listed for Criminal Damage are in addition to penalties for other charges.
TYPES OF ACTIONS CONSIDERED CRIMINAL DAMAGE
• Graffiti
• Breaking someone’s stuff during an argument (e.g., kicking in a door, throwing a cell phone)
• Tampering with someone’s property (e.g., breaking a window, breaking a mailbox)
• Car accident damage (if you are considered to be driving recklessly)
PENALTIES FOR CRIMINAL DAMAGE
Unlike some other crimes, ARS 13-1602 carries a penalty based on the value of the property damaged. See below for the penalties based on property value.
Property value:
• Less than $250: Class 2 misdemeanor, up to 4 months jail time.
• $250 to $2,000 : Class 6 felony, up to one year jail or prison time.
• $2,000 to $10,000: Class 5 felony, up to 18 months jail or prison time.
• More than $10,000: Class 4 felony, up to 2.5 years prison time.
Any damage to a utility, regardless of value, is a class 4 felony and is considered Aggravated Criminal Damage.
AGGRAVATED CRIMINAL DAMAGE (ARS 13-1604)
Aggravated Criminal Damage is something you can be charged with when the structure or property you have damaged is considered something sacred or special, including a church, school, cemetery, or public utility. ARS 13-1604 carries heavier penalties than ARS 13-1602, and is always considered a felony.
WHAT SHOULD YOU DO IF YOU ARE ACCUSED OF CRIMINAL DAMAGE?
The first thing you should do if you are arrested under Criminal Damage charges is to exercise your right to remain silent. Anything you say to the police, regardless of your intent, can be used to prosecute you. Police are under no obligation to tell you the truth, so make sure you don’t talk at all without an attorney present. Often, the very act of asking to speak to your attorney is enough to end all interrogations.
The next thing you must do is vital to setting up a strong defense. Finally make sure you hire a good, experienced criminal defense attorney. An attorney becomes your voice in the legal system, and can often get charges dropped or reduced.
TO GET A FREE CONSULTATION, CONTACT BURGES MCCOWAN, PHOENIX CRIMINAL DEFENSE ATTORNEY.
ARS § 13-1602 Arizona Criminal Damage Law
Criminal Damage Defined
Criminal damage, in Arizona, is damaging, defacing, or tampering with property that belongs to another person.
According to Arizona Revised Statute 13-1602,
A. A person commits criminal damage by: 1. Recklessly defacing or damaging property of another person. 2. Recklessly tampering with property of another person so as
substantially to impair its function or value. 3. Recklessly damaging property of a utility. 4. Recklessly parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water. 5. Recklessly drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner. 6. Intentionally tampering with utility property.
Criminal Damage: A Crime of Recklessness
All but one of the six definitions for Criminal Damage in Arizona begins with the word “recklessly.” Arizona statute defines “reckless” as an awareness of actions without regard for the consequences, specifically, when the consequences are likely to cause substantial risk. It is also considered reckless when a person unknowingly creates risk because they are intoxicated.
Criminal Damage Definitions
It is helpful to break down some of the definitions in the criminal damage statute in order to understand it more clearly.
• Property of a Utility: This refers to any utility service, such as water or electricity.
• Defacing: To deface something is to ruin its appearance. Graffiti is often referred to as defacing.
• Intentionally: If someone’s objective is to cause a certain result or engage in a certain conduct, this is referred to as “intent.”
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Penalties for Criminal Damage in Arizona
Criminal Damage in Arizona can be designated a Class 4 Felony, Class 5 Felony, Class 6 Felony, Class 1 Misdemeanor, or Class 2 Misdemeanor, depending on the circumstances involved in the alleged offense.
• Class 4 Felony Criminal Damage: Property damage valued at $10,000 or more OR property damage of a utility amounting to $5,000 or more or the tampering caused an imminent safety hazard.
• Class 5 Felony Criminal Damage: Property damage between $2,000 and $10,000 OR if the damage was gang/organized crime related.
• Class 6 Felony Criminal Damage: Property damage valued at $1,000 to $2,000.
• Class 1 Misdemeanor Criminal Damage: Property damage valued at $250 to $1,000.
• Class 2 Misdemeanor: Any other criminal damage case.
How does Arizona determine the dollar amount of property damage?
When determining the dollar value of property damage, the court will take into consideration three factors:
1. The cost of labor to repair the damage
2. The cost of material to repair the damage
3. The cost of equipment to repair the damage
Arrested for an ARS § 13-1602 violation? Call our Phoenix criminal lawyers!
If you or someone you love was arrested for Criminal Damage, we encourage you to contact a Phoenix criminal defense attorney at MayesTelles PLLC. Our team has handled thousands of cases and are prepared to help you fight your felony or misdemeanor charges.
Call us 24/7 for a free consultation!
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. Viewing this information does not create an attorney-client relationship. Do not send the firm confidential information. This website is governed by the Arizona Rules of Professional Conduct.
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WHAT IS CRIMINAL DAMAGE (ARS 13-1602)?
At its most simple definition, ARS 13-1602 is a crime against property. However, even though no one got hurt, you could still be facing some very serious penalties and jail or prison time. It is important to note that Criminal Damage is often levied alongside other charges, such as burglary (for example, breaking a window or door to enter a house to steal something can lead to both burglary and criminal damage charges). So, therefore all the penalties listed for Criminal Damage are in addition to penalties for other charges.
TYPES OF ACTIONS CONSIDERED CRIMINAL DAMAGE
• Graffiti
• Breaking someone’s stuff during an argument (e.g., kicking in a door, throwing a cell phone)
• Tampering with someone’s property (e.g., breaking a window, breaking a mailbox)
• Car accident damage (if you are considered to be driving recklessly)
PENALTIES FOR CRIMINAL DAMAGE
Unlike some other crimes, ARS 13-1602 carries a penalty based on the value of the property damaged. See below for the penalties based on property value.
Property value:
• Less than $250: Class 2 misdemeanor, up to 4 months jail time.
• $250 to $2,000 : Class 6 felony, up to one year jail or prison time.
• $2,000 to $10,000: Class 5 felony, up to 18 months jail or prison time.
• More than $10,000: Class 4 felony, up to 2.5 years prison time.
Any damage to a utility, regardless of value, is a class 4 felony and is considered Aggravated Criminal Damage.
AGGRAVATED CRIMINAL DAMAGE (ARS 13-1604)
Aggravated Criminal Damage is something you can be charged with when the structure or property you have damaged is considered something sacred or special, including a church, school, cemetery, or public utility. ARS 13-1604 carries heavier penalties than ARS 13-1602, and is always considered a felony.
WHAT SHOULD YOU DO IF YOU ARE ACCUSED OF CRIMINAL DAMAGE?
The first thing you should do if you are arrested under Criminal Damage charges is to exercise your right to remain silent. Anything you say to the police, regardless of your intent, can be used to prosecute you. Police are under no obligation to tell you the truth, so make sure you don’t talk at all without an attorney present. Often, the very act of asking to speak to your attorney is enough to end all interrogations.
The next thing you must do is vital to setting up a strong defense. Finally make sure you hire a good, experienced criminal defense attorney. An attorney becomes your voice in the legal system, and can often get charges dropped or reduced.
TO GET A FREE CONSULTATION, CONTACT BURGES MCCOWAN, PHOENIX CRIMINAL DEFENSE ATTORNEY.
ARS § 13-1602 Arizona Criminal Damage Law
Criminal Damage Defined
Criminal damage, in Arizona, is damaging, defacing, or tampering with property that belongs to another person.
According to Arizona Revised Statute 13-1602,
A. A person commits criminal damage by: 1. Recklessly defacing or damaging property of another person. 2. Recklessly tampering with property of another person so as substantially to impair its function or value. 3. Recklessly damaging property of a utility. 4. Recklessly parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water. 5. Recklessly drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner. 6. Intentionally tampering with utility property.
Criminal Damage: A Crime of Recklessness
All but one of the six definitions for Criminal Damage in Arizona begins with the word “recklessly.” Arizona statute defines “reckless” as an awareness of actions without regard for the consequences, specifically, when the consequences are likely to cause substantial risk. It is also considered reckless when a person unknowingly creates risk because they are intoxicated.
Criminal Damage Definitions
It is helpful to break down some of the definitions in the criminal damage statute in order to understand it more clearly.
• Property of a Utility: This refers to any utility service, such as water or electricity.
• Defacing: To deface something is to ruin its appearance. Graffiti is often referred to as defacing.
• Intentionally: If someone’s objective is to cause a certain result or engage in a certain conduct, this is referred to as “intent.”
When the odds are stacked against you, turn to a firm that cares
MEET OUR ATTORNEYS
Penalties for Criminal Damage in Arizona
Criminal Damage in Arizona can be designated a Class 4 Felony, Class 5 Felony, Class 6 Felony, Class 1 Misdemeanor, or Class 2 Misdemeanor, depending on the circumstances involved in the alleged offense.
• Class 4 Felony Criminal Damage: Property damage valued at $10,000 or more OR property damage of a utility amounting to $5,000 or more or the tampering caused an imminent safety hazard.
• Class 5 Felony Criminal Damage: Property damage between $2,000 and $10,000 OR if the damage was gang/organized crime related.
• Class 6 Felony Criminal Damage: Property damage valued at $1,000 to $2,000.
• Class 1 Misdemeanor Criminal Damage: Property damage valued at $250 to $1,000.
• Class 2 Misdemeanor: Any other criminal damage case.
How does Arizona determine the dollar amount of property damage?
When determining the dollar value of property damage, the court will take into consideration three factors:
4. The cost of labor to repair the damage
5. The cost of material to repair the damage
6. The cost of equipment to repair the damage
Arrested for an ARS § 13-1602 violation? Call our Phoenix criminal lawyers!
If you or someone you love was arrested for Criminal Damage, we encourage you to contact a Phoenix criminal defense attorney at MayesTelles PLLC. Our team has handled thousands of cases and are prepared to help you fight your felony or misdemeanor charges.
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Criminal Property Damage
Laws on Criminal Damage to Property
Arizona Criminal Damage
Criminal damage is the most common property damage crime in the state of Arizona. It encompasses many actions and there are several ways you could be charged with it.
Generally, criminal damage is recklessly doing any one of the following:
Charged with Criminal Property Damage? Please call (800) 921-7210.
A. Damaging or defacing the property of another
B. Tampering with someone else’s property to impair its function or reduce its value,
C. Tampering with utility property (gas, water, telephone, etc),
D. Parking your vehicle to block livestock from getting access to water, or
E. Graffiti on a public or private building.
The charge entered with the court is dependent on the value of the damage. The value in question is not the value of the property (unless it was completely destroyed), but the value of the damage done.
Value Criminal Damage Charge Potential Sentence for first time felony offenders
$10,000 or more Class 4 Felony 1 ½ to 3 years in prison
$2,000- $10,000 Class 5 Felony 8 months to 2 years in prison
$250- $2,000 Class 6 Felony 6 to 18 months in prison
Less than $250 Class 2 Misdemeanor Up to 4 months in jail and $750 in fines
All felonies in Arizona carry a potential maximum fine of $150,000.
In addition to your potential prison sentence and fines, you may be required to pay restitution to the victim of your offense.
Ref: ARS 13-1602
Aggravated Criminal Damage
More serious that criminal damage, aggravated criminal damage involves more intent in your actions and carries much harsher penalties. You may be charged with this elevated offense if the prosecution has probable cause that you committed any of the following acts either intentionally or recklessly:
A. Defacing, damaging, or changing the appearance of any building, structure, personal property, or church,
B. Defacing or damaging any place used as a school, or
C. Defacing, damaging, or tampering with any cemetery, mortuary or the property of one,
Like criminal mischief, the charges you face for this offense depend on the value of the damage done.
Value Charge Potential Sentence for first time felony offenders
$10,000 or more Class 4 felony 1 ½ to 3 years in prison
$500- $10,000 Class 5 felony 8 months to 2 years in prison
Less than $500 Class 6 felony 6 to 18 months in prison
Aggravated criminal damage can also be committed by damaging, defacing, or tampering with agricultural property, construction sites, or structure used to obtain nonferrous metals. If you are charged with one of these offenses your charge will be slightly elevated from those above.
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TEXAS
Graffiti laws
It is an offence to mark graffiti on property that can be seen by the public unless the owner has given you permission.
Graffiti includes defacing, writing, scratching or drawing on or property so that the marks can’t be removed easily with a dry cloth. This includes stencil art and engraving.
There are very serious penalties for making or intending to make graffiti, including large fines and imprisonment.
It is a more serious offence if the graffiti would offend a reasonable person. Political comments are an exception to this, if they are reasonable.
Understanding Texas Graffiti Charges
It's not uncommon for other crimes to be alleged along with a criminal mischief charge. Graffiti is a related property crime that involves the unauthorized writing or drawing on a wall or other surface. Under Texas law, a person commits a graffiti offense if, without the consent of the owner, the person intentionally makes markings, drawings, or paintings on someone else's tangible property with:
• Paint;
• Indelible marker; or
• An etching or engraving device.
The Current Laws
"No person shall carry an aerosol spray paint can...with intent to violate the current (graffiti) laws in place". This is a New York City law, where people can be fined up to $500 just for the possession of a spray paint can if a cop assumes that you will/have violated a law. Store owners in New York are not allowed to put cans of spray paint on display, either - they can only display facsimiles of the cans. These are both included in Law § 10-117. Graffiti is considered a criminal mischief of the third degree crime in most states throughout the U.S. In New York, that type of crime typically carries a $250 fine, however if somebody gets charged with that type of crime because of graffiti - they can be charged up to $1,500! It's the same type of crime, however the fine is 600% greater in relation to any other offense which could get them in trouble. (Law 145.05) Why is this? I'll examine the laws involving graffiti, as well as people's stances on the "crime."
It's important to look at the current laws because they are rarely heard of. Why doesn't the government make these laws more public? Is it because the public might think these laws are too strict? Is it because the general population might disapprove of people getting fined and possibly jailed just because of a small amount of suspicion by a police officer?
Texas Graffiti Laws
Whether it’s in Houston, Dallas or a small rural town, graffiti can be found on walls, trains and trees throughout the state of Texas. Some people argue that this type of spray-painted decoration is an art form that should be allowed, others claim that it is a public nuisance and may even be related to criminal activity. No matter what someone may believe on this subject, the laws in Texas are clear on the topic of graffiti: it’s illegal.
Defacing any type of property with graffiti is a criminal offense in Texas and, while some may argue that it is a harmless art form, getting caught while creating graffiti can lead to jail time and expensive fines
Legal Penalties
Section 28.08 of the Texas Penal Code lays out the legal consequences that can be administered with a conviction for creating graffiti. The law states that any person who, without effective consent of the owner, creates inscriptions, drawings or designs on property with spray paint, permanent markers or with etchings may be arrested and prosecuted.
It should be noted that this law applies to drawings or designs which are permanent or difficult to remove. Children who draw with sidewalk chalk or people who post paper flyers looking for lost pets are generally not subject to graffiti laws in Texas.
The penalty for a graffiti conviction will vary based on the estimated or actual amount of financial loss that the property owner will experience after cleaning the graffiti or having damage repaired.
The following list details the potential punishments:
• Damage of less than $100 is a Class C misdemeanor, punishable by a $500 fine
• Damage of between $100 and $750 is a Class B misdemeanor, punishable by up to 180 days in jail
• Damage of more than $30,000 but less than $150,000 is a third degree felony, punishable by up to ten years in prison
In some cases, a person who is convicted of a graffiti offense may be ordered by the court to pay compensation to the owner, help to remove the graffiti or to serve some community service.
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Trespassing and Authority to Arrest Information
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File an Authority to Arrest Form with Your Precinct
You can electronically submit an "Authority to Arrest" using our online form. This form grants officers permission to patrol your property and arrest people who might be trespassing on the premises. This is especially useful for property owners, winter visitors, and business owners.
• Fill out and submit Authority to Arrest form online.
• If you are having issues submitting the form please email ATA@phoenix.gov
(link sends e-mail)

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How to Complete the Authority to Arrest Trespassers Form
• Designate Precinct Write the name of the precinct the property is located in.
• Line 1 - “Premises Known as” Complete this space with the name of the property if it has one; for example, Rick and Tony’s Auto Repair Shop, Vacant Lot #123, Vacant House.
• Line 2 - “Located at” Give the exact address of the property if it has one or directions to the premises; for example, 1234 North 56th Street, Northeast corner of Main Street & Maple Avenue.
• Personal Information Please provide us with this information including a mailing address so we can identify you as the responsible person in the event of an arrest. This information is for prosecution purposes only.
• Title We need to know what position you hold relative to the property in question; for example, owner, manager, agent.
Address Information for Precincts
• Black Mountain – 33355 N. Cave Creek Rd., Phoenix, AZ 85331
• Cactus Park – 12220 N. 39th Ave. Phoenix, AZ 85029
• Central City – 1902 S. 16th St. Phoenix, AZ 85034
• Desert Horizon – 16030 Nth 56th St. Phoenix, AZ 85254
• Estrella Mountain – 2111 S. 99th Ave. Tolleson, AZ 85353
• Maryvale – 6180 W. Encanto Blvd. Phoenix, AZ 85035
• Mountain View – 2075 E. Maryland St. Phoenix, AZ 85016
• South Mountain – 400 W. Southern Ave. Phoenix, AZ 85041
You are able to locate your local police precinct online. Just visit "police precincts" and enter your address or you may also call (602) 262-7626.
Authority to Arrest" forms are valid for one year. Thirty days before the expiration, owners/agents will receive a reminder of expiration via the registered/primary e-mail address on file that the Authority to Arrest form will need to be completed again and submitted to remain valid. Additionally, if there are changes in ownership/agent status, a new form will need to be completed and submitted to the Phoenix Police Department.
Arizona Law on Trespassing
13-1502. Criminal trespass in the third degree; classification
• A person commits criminal trespass in the third degree by:
1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.
2. Knowingly entering or remaining unlawfully on the right-of-way for tracks, or the storage or switching yards or rolling stock of a railroad company.
• Criminal trespass in the third degree is a class 3 misdemeanor.
• 13-1503. Criminal trespass in the second degree; classification
1. A person commits criminal trespass in the second degree by knowingly entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard.
2. Criminal trespass in the second degree is a class 2 misdemeanor
How is trespassing related to crime prevention? Trespassing comes up many times in a business setting. Consider the customer who is disruptive or the one you suspect stole from you last time. Don't forget the visitor in your office that is starting to get angry. Dealing with all of these people can be unnerving if you don't know where you stand. Understanding the rules can allow you to determine the outcome of these situations and possibly avoid a violent confrontation.
To understand the issue of trespassing, you need to divide this into two parts, inside your business and outside your business. See Trespass Tips for Property Owners and Employees to learn more.
No Trespassing Signs
Before trespassing becomes an issue for your business, it can be valuable to have an Authority to Arrest Trespassers form on file. An Authority to Arrest Trespassers gives police permission to arrest people trespassing on your property when the business is closed, without having to contact owner/management.
No Trespassing signs MUST be posted on the property.
"No Trespassing" signs are recommended to be placed around your business and are REQUIRED with the the Authority to Arrest Trespassers form. No Trespassing signs can be purchased through sign companies. Below are examples of No Trespassing signs with the proper legal verbiage. The signs need to be placed at all reasonable entrances, as well as every so often throughout the property. They could be mounted on light poles, fences or buildings. They should be mounted at a height where they are visible, but not so low that they can be easily removed, damaged or tampered with.
Install signage at all common entrances to the property.
Minimum recommended size is 16" by 24", bilingual, and made of metal.
Tips for Signage
• Install signage at all common entrances to the property.
• Minimum size 16" by 24", bilingual, and made of metal.
• Signs must be printed in red ink a white background.
• Available at most sign stores.
When should you call the police?
Before there is a problem. So when you decide to ask the subject to leave, you should have someone else calling the police. If he leaves while you are doing this, then you can cancel the police. It is best to get the police responding until you see if the suspect is going to comply. Please remember to cancel the police if the problem leaves.
It is important to designate specific areas just for employees. Visitors to your business need to know what areas are off limits to them. If there are store room doors in your business place a sign on the door/s stating "authorized personnel only" or "employees only". This allows for persons to be trespassed from your business if they enter the off limit area. The sign should be place at average eye level and clearly stated. If the business has a counter area for employees only to go behind, place a sign on the counter stating "authorized personnel behind counter only".
Inside your business
Whether you own a retail store or a factory, at some point someone is going to be there, long after you think they should go. How do you make them leave? The answer is, you don't. Let us explain. While certain legally defined circumstances allow for the use of physical force to be used to remove someone from the property, (remember that night at the bar when your friend got thrown out?), it is best to avoid this if possible. Instead, the law requires that a reasonable request to leave be made. This is an excerpt from the law above. (Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property). What does this mean? It means you or your employee can tell him to leave. If the suspect remains, then he is trespassing.
Outside of your business
Before trespassing becomes an issue for your business, it can be valuable to have an "authority to arrest" form on file with your local police precinct. An "authority to arrest form" gives the police department permission to arrest people trespassing on your property when the business is closed ("no trespassing" signs must be posted). If the business is open for business an officer will have to make contact with someone to verify that the person is not a customer or otherwise allowed to be on the property (due to recent court ruling). An authority to arrest form is completed by the property owner/agent and then returned to the local police station in which the property is located. The local police precinct manages the authority to arrests on file for their precinct. The files are then available for officers to utilize at their discretion. The form must contain the original signature of the owner/agent. This form needs to be updated every year or when the information it contains has changed. This is a very valuable tool for crime prevention because it shows that trespassers are not welcome in or around your business.
"No trespassing" signs should be placed around your business and are required with the authority to arrest forms. The no trespassing sign can be purchased through sign companies. Below are examples of trespassing signs with the proper legal verbiage. The signs need to be placed at all reasonable entrances as well as sporadically throughout the property. They could be mounted on light poles, fences or on the buildings. They should be mounted at a height where they are visible but not so low that they can be easily removed or damaged or tampered with average eye level.
Texas law
Texas
Criminal mischief is the legal term for any property destruction under Texas law. It could be accidental damage after a hit and run. It could be deliberate damage, like keying a car. It could be the aftermath of a fight or a domestic dispute. It could even be a political act, like the defacement of public monuments.
Charged with Criminal Property Damage? Please call (800) 921-7210.
These are only some of the possible different reasons you could be facing a criminal mischief charge, under Texas criminal law. You may be in court to answer to criminal mischief charges if the prosecution has reason to believe you did any of the following:
1. Intentionally or knowingly damaged someone else’s property
2. Intentionally or knowingly tampering with someone else’s property causing loss or substantial inconvenience, or
3. Intentionally making marks, graffiti, inscriptions, or drawings on the property of another.
There are several classifications of criminal mischief depending on the circumstances of the offense and the value of damage done to the property.
Class C Misdemeanor Criminal Mischief
Your criminal mischief charge may be a Class C misdemeanor if the damage done is valued at less than $50 or causes a substantial inconvenience to others. Class C misdemeanors are punishable by a $500 fine.
Class B Misdemeanor Criminal Mischief
Punishable by up to 180 days in jail and fines reaching $2,000, your criminal mischief charge could be a Class B Misdemeanor if the damage done is valued at more than $50 but less than $500.
Class A Misdemeanor Criminal Mischief
You could be facing class A criminal mischief charges if the damage done is valued at more than $500 and less than $1,500, or if the criminal mischief act results in damage less than $1,500 and causes an impairment of interruption of public communications, public transportation, gas, or power or any other public service, or if the mischief causes any impairment or interruption of the public water supply.
Class A misdemeanors are punishable by up to 1 year in jail and fines of up to $4,000.
State Jail Felony – Criminal Mischief in Texas
The State Jail Felony classification is applied in cases where the criminal mischief damage is valued at:
1. between $1,500 to $20,000,
2. Less than $1,500 and the property is a habitation where damaged is done by fire or explosion, or
3. Less than $1,500 and the property was a fence designed to keep livestock or game animals in.
State Jail Felonies are punishable by up to 180 days to 2 years in state jail and fines reaching $10,000.
Third Degree Felony Criminal Mischief
Your criminal mischief charge could be a 3rd-degree felony if the damage done is valued at $20,000 to $100,000. 3rd-degree felonies are punishable by 2 to 10 years in prison and fines of $10,000.
Second Degree Felony Criminal Mischief
2nd-degree felony criminal mischief is applicable in cases where the damage is valued at $100,000 to $200,000. This offense is punishable by 2 to 20 years in prison and fines of $10,000.
First Degree Felony Criminal Mischief
A criminal mischief charge could be classified as a 1st-degree felony if the value of damage done is more than $200,000. This offense carries a potential sentence of 5 to 99 years in prison and fines reaching $10,000.
Ref: Texas Penal Code §28.03
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DC Criminal Defense Lawyer
DC Criminal Charges
• Assault Bad Checks / Fraud Disorderly Conduct Domestic Assault / Domestic Violence
• Driving on a Suspended License Drug PossessionDrug Possession - Marijuana Drug Possession with IntentDrunk Driving - First OffenseDrunk Driving - 2nd Offense (or Greater)
• Failure to AppearHit & Run / Fleeing ArrestReckless DrivingSex OffensesShoplifting / Theft
• StalkingTrespassingViolation of a Protection Order
Trespassing
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Trespassing/ Destruction of Property
Although trespassing doesn’t sound like a serious charge—if you’re facing jail time, it’s serious. Even if you didn’t know you were breaking the law at the time, you can be convicted. And a criminal conviction can follow you for life.
Criminal Charge in D.C.? Call Now (202) 249-7644.
Property offenses like graffiti, destruction of property, and trespassing, are quite common. This doesn’t take away from the gravity of them, however. Having to own up to a conviction on lease and job applications can seriously hinder your efforts to maintain a good job and a nice place to live.
When you’re facing charges like these, a local defense attorney can help make sure your rights are being protected at every stage of the game. If you feel like no one is on your side—contact me today.
DC Graffiti/Defacement Laws & Penalties
The offense of graffiti is pretty self explanatory. But this doesn’t just apply to spray painting on walls or marking up a fence. You could face this charge for keying a car or smearing mud over the property of another.
According to the law, this offense applies when writing, drawing figures, cutting, chipping, covering, painting, or marking on public property or the private property of another without their permission.
Generally this offense carries up to 180 days in jail and $1,000 in fines. You will also likely be required to perform community service and pay restitution if convicted of defacement or graffiti.
Ref: DC Code 22-3312.01
Washington DC Trespassing Laws and Penalties
Entering the property of another which you have no legal right to and refusing to leave at the direction of a lawful owner can get you charged with trespassing. It doesn’t matter if you were hunting on someone’s land, snooping around where you shouldn’t have been, or standing outside a building protesting.
Also, if you are present on property that is abandoned or marked with a “no trespassing”, “do not enter”, or other similar sign, you can be charged with this offense regardless of whether or not someone asked you to leave.
Depending on the circumstances of the case, you could be facing up to 6 months in jail and fines reaching $1,000 for this misdemeanor charge.
Ref: DC Code §22-3302
Malicious Burning/ Destruction of Property
The general destruction of someone else’s property or public property is charged under this statute. It can be a felony or a misdemeanor, depending on the specifics of the case. If charged with felony destruction of property and this is your first run in with the law, there’s a chance we could get the charges reduced.
If you are accused of burning, injuring, destroying or attempting to do any of these things to someone else’s property, you could be facing serious criminal penalties.
In general, if the value of damage is greater than $200, you will face felony charges and up to 10 years in prison with fines reaching $5,000. If, however, the value of damage is less than $200, you will be charged with a misdemeanor and a potential 180 day jail sentence with $1,000 in fines.
Ref: DC Code §22-303
Property crimes like these can be just as serious as crimes involving other people. Although you might not have caused anyone physical harm, the loss of property is seen as a serious offense.
If you are facing charges like these and in need of a D.C. defense attorney, contact me today.
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Criminal Property Damage
Laws on Criminal Damage to Property
Illinois
Under Illinois law, criminal damage to property is an extensive and somewhat complex law. There are many acts that could be considered criminal damage to property. The specifics of the crime dictate the seriousness of the charge and potential sentence.
You may be charged with criminal damage to property if you do any of the following:
Charged with Criminal Property Damage? Please call (800) 921-7210.
1. Knowingly damage someone else’s property,
2. Recklessly, by fire or explosion, damage someone else’s property,
3. Knowingly start a fire on someone else’s land,
4. Knowingly injure a pet belonging to someone else, or
5. Damage property to collect insurance.
The charge you will face for this offense depends on the property that was damaged
Criminal Damage to Property – Class A misdemeanor
You will face Class A misdemeanor charges of criminal damage to property if the damage done is valued at less than $300. A Class A misdemeanor carries a potential sentence of one year in jail and fines of $2,500.
Criminal Damage to Property – Class 4 Felony
The charge you face will be a Class 4 felony if the damage is more than $300 but less than $10,000, or if the damage is committed against a school, place of worship, or to farm equipment and is valued at less than $300. A Class 4 felony can carry up to 1 to 3 years in prison and $25,000 in fines.
Criminal Damage to Property – Class 3 Felony
Class 3 felony criminal damage to property is committed when the property damage is valued at between $10,000 and $100,000, or if the property in question was a place of worship, school, or farm equipment and the damage is vaued at between $300 and $10,000.
Class 3 felonies carry a potential penalty of 2 to 5 years in prison and fines reaching $25,000.
Criminal Damage to Property – Class 2 Felony
You will face Class 2 felony charges of criminal damage to property if the damage is valued at more than $100,000 or if the damage is done to a school, place of worship, or farm equipment and the damage is valued at $10,000 to $100,000.
A Class 2 felony carries a sentence of 3 to 7 years in prison and fines up to $25,000.
Criminal Damage to Property – Class 1 Felony
If the damage is done to a place of worship, a school, or farm equipment and the damage is valued at more than $100,000. If charged with this offense, you face a potential penalty of 4 to 15 years in prison and fines reaching $25,000.
Ref: 720 ILCS 5/21-1
Criminal Damage of Fire Fighting Apparatus, Hydrants, or Equipment
You may be charged with this criminal damage offense if you willfully and maliciously cut, damage, tamper with, destroy, or deface any fire hydrant or hose, fire engine or any public or private fire-fighting equipment.
This offense is a Class B misdemeanor punishable by up to 6 months in jail and fines up to $1,500.
Ref: 720 ILCS 5/21-1.1
Criminal Defacement of Property
Criminal defacement of property is graffiti, etching, marking, writing, or painting on someone else’s property. The charge you face depends on the value of the damage done.
If the damage is your first offense and the value is less than $300, you will face Class B misdemeanor charges punishable by up to 6 months in jail and fines up to $1,500.
If this is your second or subsequent offense or the damage is valued at more than $300, the charge you will face in court is a Class A misdemeanor which carries a potential penalty of up to one year in jail and fines of $2,500.
Class 3 felony charges apply when the damage is valued at more than $300 and the property vandalized is a church, school, or farm equipment. Class 3 felonies are punishable by 2 to 5 years in prison and fines reaching $25,000.
Ref: 720 ILCS 5/21-1.3
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2013 Hawaii Revised Statutes
TITLE 37. HAWAII PENAL CODE
708. Offenses Against Property Rights
708-822 Criminal property damage in the third degree.
Universal Citation: HI Rev Stat § 708-822 (2013)
Cross References
Arson, see pt XIII, §§708-8251 to 708-8254.
Special sentencing considerations for arson; other actions not prohibited, see §706-606.2.
§708-822 Criminal property damage in the third degree. (1) A person commits the offense of criminal property damage in the third degree if by means other than fire:
(a) The person recklessly damages the property of another, without the other's consent, by the use of widely dangerous means;
(b) The person intentionally or knowingly damages the property of another, without the other's consent, in an amount exceeding $500; or
(c) The person intentionally damages the agricultural equipment, supplies, or products or aquacultural equipment, supplies, or products of another, including trees, bushes, or any other plant and livestock of another, without the other's consent, in an amount exceeding $100. In calculating the amount of damages to agricultural products, the amount of damages includes future losses and the loss of future production.
(2) Criminal property damage in the third degree is a misdemeanor. [L 1972, c 9, pt of §1; am L 1973, c 136, §7(c); am L 1986, c 314, §62; gen ch 1993; am L 1996, c 170, §3; am L 2006, c 156, §5, c 181, §5, and c 230, §35; am L 2007, c 98, §3]
Case Notes
Offense is graded according to amount of damage done, not the value of the property damaged. 86 H. 165 (App.), 948 P.2d 586 (1997).
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