Criminal Damage

Criminal Damage Charges

Damaging another person’s property in Arizona may be severely punished.  If you are charged with Criminal Damage, you could face anywhere between a Class 2 Misdemeanor to a Class 4 Felony, depending on a variety of factors.

What Is Criminal Damage?

There are six different ways in which criminal damage can be committed pursuant to Arizona Revised Statutes § 13-1602:

  • Recklessly defacing or damaging property of another person;
  • Recklessly tampering with property of another person so as substantially to impair its function or value;
  • Recklessly damaging property of a utility
  • Recklessly parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water;
  • 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 without the permission of the building’s owner; or
  • Intentionally tampering with utility property

How Is Criminal Damage Punished?

Criminal damage is punished in different ways pursuant to Arizona Revised Statutes § 13-1602(B):

  • Recklessly damaging the property of another in an amount of $10,000 or more is a Class 4 Felony;
  • Recklessly damaging the property of a utility in an amount of $5,000 or more or intentionally tampering with utility property and the resulting damage causes an imminent safety hazard to any person is a Class 4 Felony;
  • Recklessly damaging the property of another in an amount of $2,000 or more but less than $10,000 or if the damage is inflicted to promote, further, or assist any criminal street gang or criminal syndicate with the intent to intimidate is a Class 5 Felony;
  • Recklessly damaging the property of another in an amount of $1,000 or more but less than $2,000 is a Class 6 Felony;
  • Recklessly damaging the property of another in an amount of more than $250 but less than $1,000 is a Class 1 Misdemeanor;
  • All other cases of Criminal Damage are Class 2 Misdemeanors

In determining the value of the damage caused, Courts include reasonable labor costs, reasonable material costs, and any other reasonable costs that are attributed to equipment used to abate or repair the damage to the property.

Criminal Damage Conviction – Consequences

If you are convicted of a Class 4 Felony, you face 1 year to 3.75 years in prison.  You can be placed on probation for up to 4 years, and you face a maximum fine of $150,000 plus surcharges.

If you are convicted of a Class 5 Felony, you face 6 months to 2.5 years in prison.  You can be placed on probation for up 3 years, and you face a maximum fine of $150,000 plus surcharges.

If you are convicted of a Class 6 Felony, you face 4 months to 2 years in prison.  You can be placed on probation for up to 3 years, and you face a maximum fine of $150,000 plus surcharges.

A conviction for any felony leads to the loss of your civil rights, including your right to possess a firearm.  A felony conviction can never be removed from your record and can lead to difficulties obtaining employment, loans, housing, work, and licensing.

If you are convicted of a Class 1 Misdemeanor then you face a maximum punishment of up to 6 months in jail, a fine of up to $2,500 plus surcharges, and up to 3 years of probation.

If you are convicted of a Class 2 Misdemeanor then you face a maximum punishment of up to 4 months in jail, up to $750 fine plus surcharges, and up to 2 years of probation.

As with a felony, a misdemeanor conviction cannot be removed from your record and a conviction can lead to difficulties obtaining work, loans, housing, and licensing.

Contact a Criminal Defense Attorney Today

If you are charged with Criminal Damage, regardless of the classification, you need the help of an aggressive and experienced attorney.  The consequences of a conviction are very real, and the best way to defend yourself is to start early.  The attorneys at AZ Defenders have decades of experience in defending criminal cases and can help you obtain the best possible result in your case.  Call today at 480-456-6400 or contact us online to schedule a free consultation for your Criminal Damage case.

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