What are the penalties for criminal damage in Arizona?
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.
What is a felony in Arizona?
Felonies are often dangerous crimes that involve: violence, injuries, use of a deadly weapon, substantial amounts of property damage or theft, or non-consensual sex. As a result, the state of Arizona imposes higher minimum sentences for dangerous offenses that amount to felony-level crimes than on misdemeanor convictions.
Is criminal damage a felony in Texas?
4. Criminal damage is a class 6 felony if the person recklessly damages property of another in an amount of one thousand dollars or more but less than two thousand dollars. 5.
What is a Class 4 felony criminal damage?
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.
What is the penalty for criminal damage in Arizona?
$250 to $1,000, a Class 1 misdemeanor, you can spend up to six months in jail. $1,000 to $2,000, a Class 6 felony, you can spend up to one year in jail or prison. $2,000 to $10,000, a Class 5 felony, you can spend up to 18 months in jail or prison.
Is property damage a felony in Arizona?
Penalties for Criminal Damage in Arizona 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.
Can you go to jail for criminal damage?
What is the maximum penalty for criminal damage? The maximum sentence for criminal damage can be 10 years of imprisonment. However, the sentence for criminal damage does depend on the amount of damage caused.
Is vandalism a felony in Arizona?
Penalties for Vandalism Class 5 felony - class 5 felony charges can result is a defendant damages property valued at $2,000 to $10,000. Class 6 felony - a person can face class 6 felony charges if they damage property valued between $1,000 and $2,000.
How long is jail time for criminal damage?
The maximum penalty is 10 years imprisonment - Section 4 CDA 1971.
What does it mean to be charged with criminal damage?
Criminal damage occurs when someone unlawfully, and intentionally or recklessly, damages or destroys property belonging to another person. Examples of criminal damage include arson, forced entry into a property, and graffiti on a public building.
What is an example of criminal damage?
Examples of criminal damage include arson, forced entry into a property, graffiti on a public building, and destruction/damage of items belonging to another. Even if the items damaged can be repaired, individual(s) can still be prosecuted.
What are the elements of criminal damage?
1(2) Criminal Damage Act 1971 provides that a person is guilty of an offence if without lawful excuse, they destroy or damage property, belonging to them self or another, with intent or being reckless as to destroying or damaging property and with intent or being reckless as to endangering life.
Is criminal damage a basic intent crime?
The offence of criminal damage is a basic intent offence and does not apply to voluntary intoxication, only involuntary. The other offences committed by Martin are specific intent offences and would apply to voluntary intoxication.
Is graffiti legal in Arizona?
Graffiti is against the law. Any person who defaces property with paint, markers, or any other liquid or marking device is guilty of a crime punishable by up to six (6) months imprisonment and/or fines up to $2,500” or words to that effect.
What is disorderly conduct in Arizona?
A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person: 1. Engages in fighting, violent or seriously disruptive behavior; or. 2. Makes unreasonable noise; or.
What are dating relationships based on in Arizona under ARS 13 3601?
1. The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household. 2. The victim and the defendant have a child in common.
Is property damage a crime?
A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.
What is a Class 4 felony in Arizona?
A class 4 felony is in the middle-range of severity for felony crimes. It is more severe than a class 5 felony, but less severe than a class 3 felony. The sentencing range for a class 4 felony is usually between 1 year and 3.75 years for a first offense.
What is a Class 1 misdemeanor in Arizona?
Class 1 misdemeanors are the most severe type of misdemeanor crime in Arizona. Convictions can come with maximum penalties of up to $2,500 in fines and 6 months in jail. They also come with collateral consequences. Judges can also impose other penalties, like community service, probation, and restitution.
What is the penalty for a Class 2 misdemeanor in AZ?
Class 2 misdemeanors are a category of misdemeanor crimes in Arizona that carry up to 4 months of jail time and $750 in fines, although the fines can increase with surcharges. There may be probation and other penalties, as well, including collateral consequences, community service, and paying restitution.
How many ways can a person commit criminal damage in Arizona?
A person can commit Arizona criminal damage in one of six different ways. A person commits the offense when he/she:
How many offenses are related to criminal damage?
There are three offenses related to criminal damage. These are:
What is a Class 4 felony?
A violation of this law could lead to a Class 4 felony charge punishable by almost four years in state prison. The language of ARS 13-1602 states, “a person commits criminal damage by: Recklessly defacing or damaging property ...
How long does it take to get a hit and run charge in Colorado?
Following a Colorado hit-and-run incident, prosecutors can press criminal charges against the suspect within one year in most cases, three years if serious injury results, five years if death results, and ten years in vehicular homicide cases. Meanwhile, the victim can bring a civil lawsuit within three years after the accident. What is a statute ...
How long is a Class 2 misdemeanor?
The least severe convictions are charged as Class 2 misdemeanors, which are punishable by jail time of up to four months.
How much is a Class 5 felony?
Class 5 felony (punishable by up to two-and-a-half years in prison) if the property damage is between $2,000 and $10,000, Class 6 felony (punishable by up to two years in prison) if the property damage is between $1,000 and $2,000.
Can you challenge a criminal damage charge?
People have the right to challenge criminal damage charges with a legal defense. A few common defenses include defendants showing that they: did not act recklessly, did not commit any property damage, and/or. acted out of necessity. A conviction in a criminal damage case is a wobbler offense.
Factors the State Must Prove Against You
Criminal damage is the most commonly charged property crime in Arizona. It requires proof the defendant recklessly, and without express permission did one of the following:
Aggravated Criminal Damage
Criminal damage laws also function to protect against hate crimes and other behavior that is directed at religious or minority groups. A heightened charge of “ Aggravated Criminal Damages ” is charged if the property is part of a school, church, mortuary, or cemetery.
Overview of Criminal Damage Laws
Arizona criminalizes several offenses related to the defacing or damaging of other people’s property. The following chart provides a general overview of the elements, defenses, and penalties related to the crime criminal damage:
Facing Criminal Damage Charges? Contact an Arizona Lawyer Today
A charge of criminal damage can result in significant fines, long terms of community service, and even imprisonment. Fortunately, you are innocent in the eyes of the law until proven otherwise. An attorney can help evaluate the evidence against you and develop a strong defense on your behalf.
What happens if you are charged with felony criminal damage in Phoenix?
Being accused of, or charged with felony criminal damage in Phoenix can be a very stressful and frightening experience. And without a competent attorney aggressively fighting for your legal rights, it can also result in a long-term prison sentence and hefty fines you will be ordered to pay. Therefore, it is extremely important to consult a defense attorney you can count on the moment you find yourself facing felony criminal damage accusations or charges.
How many classes of felony criminal damage are there in Arizona?
There are four classes of presumptive (or standard) felony criminal damage charges in Arizona (ARS 13-1602):
What happens if you get a felony in Phoenix?
In Phoenix, felony criminal damage charges are extremely serious matters. A felony criminal damage conviction can irreparably change the course of your life in many ways—including severely limiting your job prospects, and losing the ability to own or operate a firearm prohibited possessor.
How much is a class 5 felony in Phoenix?
Class 5 Felony Criminal Damage Charge - You will face a class 5 felony criminal damage charge in Phoenix if you damage public or private property valued at $2,000 but less than $10,000. If you are found guilty, you can face up to 2.5 years in prison and fines of up to $150,000 plus surcharges.
How long is a class 5 felony?
A class 5 felony charge resulting in up to 2.5 years in prison for damage totaling between $1500 and $10,000. You will also face fines of up to $150,000 plus surcharges.
What is the penalty for a class 4 felony?
A class 4 felony charge if the damage is between $1500 and $10,000. You will face a prison sentence of up to 3.75 years and fines of up to $150,000 plus surcharges.
Is arson a misdemeanor in Arizona?
Even reckless burning that leads to the unintentional damage of property or a structure is a class 1 misdemeanor CD MISD. However, if you intentionally or knowingly commit arson on a property in Arizona (ARS 13-1703):
What is criminal damage?
Criminal damage is a crime against property and is a charge that can lead to prison or jail time, fines, and costs to repair the damaged property. A criminal damage offense is often charged alongside other crimes, like theft, where property is damaged and broken in the commission of the offense.
How is "recklessness" defined in Arizona?
Almost all but one of the criminal damage variations above-listed require reckless conduct. Arizona defines the word "reckless" to mean that:
What is recklessness in criminal law?
A person who creates such a risk but who is unaware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk. If a person acts without regard to the consequences of his or her actions, those actions may be considered reckless, and so the person could be charged with criminal damage.
How long can you go to jail for a felony?
More than $10,000, a Class 4 felony, you can spend up to 2.5 years in prison. $5,000 or more for intentional damage to a utility, a Class 4 felony, you can spend up to 2.5 years in prison. (This is also considered aggravated criminal damage.)
How much time can you spend in jail for criminal damage?
The cost of equipment to repair the damage. Penalties for criminal damage are based on the value of the property. This means if the property is valued at ... Less than $250, a Class 2 misdemeanor, you can spend up to four months in jail.
How long can you go to jail for a misdemeanor?
Less than $250, a Class 2 misdemeanor, you can spend up to four months in jail. $250 to $1,000, a Class 1 misdemeanor, you can spend up to six months in jail. $1,000 to $2,000, a Class 6 felony, you can spend up to one year in jail or prison.
Can a person commit criminal damage?
A person can commit criminal damage in a number of different ways, according to A.R.S. 13-1602:
What is criminal damage in Arizona?
Criminal damage, in Arizona, is damaging, defacing, or tampering with property that belongs to another person. A.
What is a Class 4 felony 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 ...
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:
What is recklessness in Arizona?
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.
How much damage is Class 5?
Class 5 Felony Criminal Damage: Property damage between $2,000 and $10,000 OR if the damage was gang/organized crime related.
What is criminal damage in Arizona?
Simply put, criminal damage under ARS 13-1602 is an illegal act against someone’s property. This means that even if no injury results from the crime, the offender could still end up with jail time, penalties, ...
How to speak to a criminal attorney in Arizona?
Call us at (480) 651-8578 to speak to a criminal attorney for free. To learn more about assault in Arizona and how it pertains to your specific charge or case, contact an attorney in your area that focuses on these types of charges. Often, you'll be able to schedule a free consultation with an attorney at no cost to you.
What is a class 6 felony?
The crime will be a class 6 felony if the offender recklessly damages someone else’s property valued between $1,000 and $2,000. This charge could result in up to a year in jail.
What is reckless damage?
Recklessly damages or tampers with a utility property. This means that graffiti, destroying mailboxes, throwing something through a window to break it, or angrily breaking someone’s property while in an argument all qualify as criminal damage. In addition, driving recklessly and causing damage in a car accident can count under ARS 13-1602.
What is a structure in Arizona?
A structure is defined here as an aircraft, watercraft, vehicle, object, or building with a floor and sides that is used for storage purposes, recreation, transportation, business, or lodging. Need help with a Criminal Damage charge in Arizona? Call us at (480) 651-8578 to speak to a criminal attorney for free.
Can you be charged under ARS 13-1602?
Damaging One’s Own Property. Someone will most likely not be charged under ARS 13-1602 if they damaged property that was under their exclusive ownership. However, if it was community property or jointly owned, the damage could be considered damage to someone else’s property legally. For instance, if you break your own computer on purpose, ...
Is utility damage a felony?
Utility damage, no matter how much it’s valued at, will be aggravated criminal damage under ARS 13-1604 and result in a class 4 felony. Aggravated criminal damage can result when someone damages a special or sacred property or structure such as a cemetery, school, or church. Aggravated criminal assault always has more serious penalties than ARS 13-1602.
What are the elements of criminal damage in Arizona?
Someone accused of criminal damage in Arizona will have to meet the qualifications for this crime, which includes the following elements: Defacement or damage of property . Tampering with property to damage its value. Graffiti on property without approval.
What is criminal damage?
The field of criminal law sometimes lists criminal damages as criminal mischief or vandalism, which happens whenever someone defaces or damages public or private property. Acts of criminal damage range from writing your name on a stop sign to damaging the city water system. Other types of vandalism include stealing copper wire from under a home.
How much is a $250 to $1,000 fine?
For damage between $250 to $1,000, you face a $2,500 fine and up to six months in jail. It is classified as a Class I Misdemeanor. Damages from $1,000 to $2,000 are classified as a Class 6 Felony, and you could spend up to 2 years in prison. With damages between $2,500 to $10,000, you face a Class 5 Felony and you could spend 2.5 years in prison.
What does it mean to hire a lawyer in Arizona?
You must take it seriously and hire an Arizona lawyer who understands this realm of law. Having a lawyer means getting qualified assistance during the trial, and they will perform various legal tasks like putting together a defense and reviewing and filing legal documents related to your case.
What are some examples of aggravated criminal damage?
Examples of aggravated criminal damage include: Defacing a religious building or house of worship. Damaging a school or educational institution. Damaging a cemetery. Damaging any utility or agricultural infrastructure or property.
How long can you go to jail for a cemetery?
Anyone convicted of aggravated criminal damage, depending on the location of the damage and the amount of the damage, could face up to 8/75 years in prison.
How much jail time is required for criminal damage?
Punishment for criminal damage mainly depends on the extent of the damage. For example, damage below $250 carries a possible four-month jail sentence, a $750 fine, and is classified as a Class II Misdemeanor. For damage between $250 to $1,000, you face a $2,500 fine and up to six months in jail. It is classified as a Class I Misdemeanor.
What is the most severe felony in Arizona?
Class 1 felonies are the most severe. There are only 2 Class 1 felony offenses in Arizona: First-degree murder, [2] and. Second-degree murder. [3] Class 6 felonies are the least severe type of felony-level offense in the state. They are also known as “ wobblers ” because the prosecutor can choose to pursue misdemeanor charges, ...
What are the different types of felony offenses in Arizona?
What felony classifications are there in Arizona? In order of severity, there are 6 Classes of felony offenses in Arizona: Class 1 felonies, Class 2 felonies, Class 3 felonies, Class 4 felonies, Class 5 felonies, and.
What is the difference between a misdemeanor and a felon?
This difference between felonies and misdemeanors is reflected in both the potential penalties of a conviction, as well as in the nature of the crime. Felonies are often dangerous crimes that involve: violence, injuries, use of a deadly weapon, substantial amounts of property damage or theft, or. non-consensual sex.
What is the most severe crime in Arizona in 2021?
Updated February 19, 2021. In Arizona, felonies are the most severe type of crime in the state. While there are 6 classes of felonies in Arizona, all convictions carry potential sentencing of over a year in prison. They also carry higher fines than misdemeanors or petty offenses. Felonies also have serious collateral consequences of a conviction.
What are the penalties for a felony?
The potential penalties for a felony conviction include fines and prison time.
What is the most serious class of crimes in Arizona?
Any crime that states the penalty for a violation but does not state the level or classification of the offense is classified according to the penalty. [5] Felonies are the most serious class of crimes in Arizona. 2.
What are collateral consequences of a felony?
Examples of collateral consequences of a felony conviction can include: losing your right to possess a firearm, losing your right to vote, getting kicked out of subsidized housing, being barred from certain professional licenses or certifications, and. having to admit to a felony conviction on employment applications.
How Does Arizona Law Define “Criminal Damage”?
Are There Defenses to Charges Under Ars 13-1602?
- Criminal defense lawyers draw upon several legal strategies/disclaimers to help clients contest damaged property charges under this statute. Three common ones include showing that accused people: 1. did not act recklessly. 2. did not cause property damage. 3. acted out of necessity.
What Are The Penalties?
- A violation of ARS 13-1602 is a wobbler. This means a prosecutor can charge it as either: 1. felony criminal damage, or 2. misdemeanor criminal damage. The dollar amount of property damagethat a defendant causes typically determines how the offense gets charged. For example, the crime is a: 1. Class 4 felony (punishable by up to almost four years in state prison) if the property damag…
Are There Related Crimes?
- There are three offenses related to criminal damage. These are: 1. trespass – ARS 13-1503, 2. harassment – ARS 13-2921, and 3. hit and run – ARS 28-662.
For Additional Help…
- For additional guidance or to discuss your case with a criminal defense lawyer, we invite you to contact our law firm at the Shouse Law Group. Our attorneys provide both free consultations and legal advice you can trust.