What constitutes criminal damage?
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.
What is the punishment for criminal damage to property?
Criminal damage is punished as follows: Criminal damage is a class 4 felony if the person recklessly damages property of another in an amount of ten thousand dollars or more, or if the person recklessly causes impairment of the functioning of any utility.
What is criminal damage in Arizona?
A person can commit Arizona criminal damagein one of six different ways. A person commits the offense when he/she: recklessly defaces or damages another person’s property,i recklessly tampers with another person’s property so as to impair its function or value, recklessly damages the property of a utility,
What is criminal damage in Texas?
1. Criminal damage is a class 4 felony if the person recklessly damages property of another in an amount of ten thousand dollars or more.
Is criminal damage a felony in AZ?
ARS 13-1602 is the Arizona statute that defines the crime of criminal damage. People typically commit this offense when they recklessly damage, deface or tamper with another person's property. A violation of this law could lead to a Class 4 felony charge punishable by almost four years in state prison.
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.
What is defacing in vandalism?
Defacement is a form of vandalism in which a website is marked by hackers or crackers who are trying to make their mark. Usually, website defacement is used to mask a bigger crime being committed behind the scenes.
What is felony vandalism in Arizona?
Penalties for Vandalism Class 4 felony - defendants can face class 4 felony charges is they damage property values at $10,000 or more if they impair any utility or cause $5,000 or more in damage to a utility. Class 5 felony - class 5 felony charges can result is a defendant damages property valued at $2,000 to $10,000.
Can I 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.
How long is the sentence for criminal damage?
2. How are we going to do it? Section 1(1) of the Criminal Damage Act 1971 creates an offence of destroying or damaging any property belonging to another person, whether intentionally or recklessly, without lawful excuse. This offence attracts a penalty of a term of imprisonment not exceeding ten years.
How long is jail time for vandalism?
Many acts of vandalism are misdemeanors, meaning the maximum penalties include fines and up to a year in the local jail. However, vandalism that results in serious damage to valuable property is a felony. Defendants charged with a felony can face more than a year in state prison and significant fines.
What does to deface mean?
Definition of deface transitive verb. 1 : to mar the appearance of : injure by effacing significant details deface an inscription. 2 : impair. 3 obsolete : destroy.
What is the definition of defacing property?
Defacing means any unnecessary act of substantially marring any surface or object, by any means, or painting any notice upon any structure, without permission from the owner.
What falls under criminal damage?
The offence of criminal damage is committed when a person destroys or damages property belonging to another person without lawful excuse, in contravention of the Criminal Damage Act 1971. The damage caused as a result of the offence does not have to be permanent.
How do you prove criminal damage?
In order to prove criminal damage, one of two key aspects needs to be present: that the defendant acted intentionally or in a reckless manner. A person acts recklessly with respect to: A circumstance when they are aware of a risk that exists or will exist. A result when they are aware of a risk that it will occur.
Is keying a car a felony in Arizona?
The possible punishments include: Class 1 Misdemeanor: Charged on cases where property damages is valued at more than $250 but less than $1,000. All other cases of criminal damage are prosecuted as Class 2 Misdemeanors. Class 6 Felony: Charged when the damage to property is valued between $1,000 and $2,000.
How do you prove criminal damage?
In order to prove criminal damage, one of two key aspects needs to be present: that the defendant acted intentionally or in a reckless manner. A person acts recklessly with respect to: A circumstance when they are aware of a risk that exists or will exist. A result when they are aware of a risk that it will occur.
How long is jail time for vandalism?
Many acts of vandalism are misdemeanors, meaning the maximum penalties include fines and up to a year in the local jail. However, vandalism that results in serious damage to valuable property is a felony. Defendants charged with a felony can face more than a year in state prison and significant fines.
What is a Class 4 felony in AZ?
Common class 4 felony crimes include: Certain types of aggravated assault; Burglary in the third degree; Criminal damage (if the value is over $10,000);
What's criminal damage?
WHAT IS CRIMINAL DAMAGE? Criminal damage is the intentional and malicious damage to the home, other property or vehicles. It also includes the offence of Arson, which is criminal damage using fire to cause the damage.
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 reckless parking?
Recklessly parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water. Recklessly drawing a message, slogan, sign, or symbol on any public or private building without permission of the owner. Intentionally tampering with utility property.
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.
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 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.
What is ARS 13-1602?
ARS 13-1602 is the Arizona statute that defines the crime of criminal damage. People typically commit this offense when they recklessly damage, deface or tamper with another person’s property.
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 ...
What does "recklessly defacing" mean?
Recklessly defacing or damaging property of another person.
What is a wobbler offense?
acted out of necessity. A conviction in a criminal damage case is a wobbler offense. This means that a prosecutor can charge the crime as either a misdemeanor or a felony, depending on the dollar amount of damage that a defendant caused.
What is recklessly parking?
Recklessly parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water.
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.
What is a class 4 felony?
1. Criminal damage is a class 4 felony if the person recklessly damages property of another in an amount of ten thousand dollars or more. 2. Criminal damage is a class 4 felony if the person recklessly damages the property of a utility in an amount of five thousand dollars or more or if the person intentionally tampers with utility property and ...
What is criminal damage?
Criminal damage; classification. 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.
What is a class 1 misdemeanor?
Criminal damage is a class 1 misdemeanor if the person recklessly damages property of another in an amount of more than two hundred fifty dollars but less than one thousand dollars. 6. In all other cases criminal damage is a class 2 misdemeanor. C.
Is criminal damage a felony?
3. Criminal damage is a class 5 felony if the person recklessly damages property of another in an amount of two thousand dollars or more but less than ten thousand dollars or if the damage is inflicted to promote, further or assist any criminal street gang or criminal syndicate with the intent to intimidate and the person is not subject to paragraph 1 or 2 of this subsection.
What are the penalties for aggravated criminal damage?
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 (3) months and two (2) ...
What is the law in Arizona that allows you to deface your property?
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 ...
What are the penalties for non aggravated 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.
How long is a prior offense in prison?
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.
How long is a third felony in prison?
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.
What is the meaning of "close reading" in the damage statute?
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.
How to contact DM Cantor?
You can contact DM Cantor for a free consultation by contacting us via our secure, confidential contact form or call 602-737-2812.
How to get a report number from a police officer?
Get the report number from the officer taking the report. Obtain a written repair estimate. Retain a copy of your repair estimate and photographs. Mail the repair estimate and photographs to your local police department with your report number clearly written on the envelope. An example would be: Phoenix Police 620 W. Washington, Phoenix, Arizona 85003 Attn: criminal damage detective for report number 2003-0000001 This will ensure that it is routed to the assigned detective.
How to get a repair estimate from Phoenix police?
Obtain a written repair estimate. Retain a copy of your repair estimate and photographs. Mail the repair estimate and photographs to your local police department with your report number clearly written on the envelope. An example would be: Phoenix Police 620 W. Washington, Phoenix, Arizona 85003 Attn: criminal damage detective for report number 2003-0000001 This will ensure that it is routed to the assigned detective.
What is criminal damage?
Criminal damage; classification. A person commits criminal damage by recklessly: Defacing or damaging property of another person; or. Tampering with property of another person so as substantially to impair its function or value; or. Tampering with the property of a utility.
What is a class 4 felony?
Criminal damage is a class 4 felony if the person recklessly damages property of another in an amount of ten thousand dollars or more, or if the person recklessly causes impairment of the functioning of any utility. Criminal damage is a class 5 felony if the person recklessly damages property of another in an amount of two thousand dollars ...
What to do if suspect information is not available to the reporting officer?
If your case has suspect information, usable evidence or witnesses that were not available to the reporting officer, then call you local police department and determine who your case detective is. Make sure you eventually get to talk to your detective in person so you can be sure to get what ever may be needed to keep the case moving. The key here is "NO DAMAGE ESTIMATE, NO CASE." Regardless of how many people are arrested. If you read the definition for criminal damage you understand why the damage estimate is so crucial. The dollar value on the damage determines the severity of the crime. So in order to charge a suspect with the appropriate charge, we need to know how much damage was done in documented fact.
How to get rid of Tommy loves Tammy?
Whether it is "Tommy loves Tammy" or gang tagging, it must be removed quickly. The following steps are recommended when your business becomes the victim of criminal damage. Call the police for a report. They may take the report over the phone. If so, take photographs and get a damage estimate just like above.
Why is criminal damage a problem?
Criminal Damage is a problematic crime because in a vast majority of the cases, there is no physical evidence to link the suspect to the crime. In the absence of eye witnesses or surveillance equipment, these types of cases can be difficult to solve and even harder to prosecute. The criminal code definition of Criminal Damage is defined as.
What happened to Matthew Hill?
The following cases were heard at Coventry Magistrates Court on November 9: Matthew Hill, 23, of Dunsmore Avenue, Willenhall, was found guilty of criminal damage after causing pounds 150 worth of damage to a car and two counts of assault. Inthecourts.
What is property damage?
property damage. n. injury to real or personal property through another's negligence, willful destruction, or by some act of nature. In lawsuits for damages caused by negligence or a willful act, property damage is distinguished from personal injury.
Who was the person who was sentenced to a six month conditional discharge?
Michael Patrick Williams, 60, of no fixed abode, given a six-month conditional discharge and ordered to pay PS20 costs for criminal damage. Robert Thomas Cunningham, 62, of Cheddar Close, Grangetown, given a 12-month community order with activity requirements and ordered to pay PS30 compensation with PS45 costs for theft, failing to surrender to custody and breaching a conditional discharge.
Who charged Jean Votier?
Tracey-Lee Denton (33), charged Mrs Jean Votier with assault then added the words ' criminal damage ' to her notebook when the woman appealed against her conviction for assault, Mr Richard Atkins, prosecuting, alleged at Stafford Crown Court.
Who is the Chief Inspector of South Tyneside?
South Tyneside Chief Inspector Sarah Pitt said: "We're committed to tackling the issues of most concern to local residents and we've received complaints about criminal damage to vehicles and property, as well as inconsiderate parking and youngsters drinking alcohol and causing disorder."
Who was charged with assault on a female?
Inthecourts. Steven Scott Alexander, 35, was charged with assault on a female, threats to kill, criminal damage and theft on February 2. US MAN CHARGED. In recent weeks, there has been an increase in the criminal damage to cars in Bebington, Port Sunlight and New Ferry. Car vandals hit Wirral.
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.