Mesa Property Damage Attorney

Fighting for Your Rights in Criminal Damage Cases

Criminal damage is a serious offense often charged in combination with other offenses such as theft or burglary and may result in jail time. Our firm has assisted many clients dealing with a similar situation, and we understand that it may be overwhelming to try and figure out what will happen next if you have been arrested for criminal damage. Working with a property damage attorney in Mesa is essential in avoiding harsher penalties and getting a more favorable outcome.

If you've been charged with criminal damage in Mesa, contact us today at (480) 245-5550 to discuss your defense options.

What Is Considered Criminal Damage in Arizona?

Criminal damage is a crime against someone else’s property or against public property. A person commits criminal damage by deliberately and recklessly defacing or damaging property; by tampering with someone else’s property with the purpose of impairing its function or value; and by drawing, writing, or adding graffiti on any public or private property without permission.

In addition, it is also criminal damage to tamper with, damage, or destroy utility property. It is also criminal damage to use a vehicle in a way as to deprive livestock of access to the only reasonable available water source. This type of crime almost always involves a degree of recklessness from the offender, meaning the person committing the crime was fully aware of the risks and circumstances that may result from their actions and chose to act anyway.

Can Criminal Damage Be Considered a Felony in Arizona?

Arizona classifies criminal damage offenses as misdemeanors or felonies, depending on the severity of the crime and on the dollar value of the property damaged. The value of the property is calculated by determining the cost of labor, material, and equipment to repair the damage. If the property damaged was valued at less than $250, the crime is considered a Class 2 misdemeanor. If the property is valued between $250 and $1000, the crime is a Class 1 Misdemeanor.

However, if a person commits criminal damage of property valued at over $1000, he or she will likely be facing felony charges which can get progressively more serious depending on the property value. More than $10,000.00 in damages constitutes a Class 4 felony, and $5000 or more of damages to a utility is not only a Class 4 felony but is also considered aggravated criminal damage. A person can also commit aggravated criminal damage if the property damaged was a school building, educational facility, cemetery, mortuary, or used for religious or worship purposes; or if a construction, utility, or agricultural site is damaged with the purpose of taking metals and selling them.

What Are the Penalties for Criminal Damage?

Penalties get more severe depending on the value of the property damage, and as mentioned above, certain types of property damage will likely result in a Class 4 felony (aggravated criminal damage) regardless of the property value. If convicted of a misdemeanor, an offender can expect to spend 4 to 6 months in jail, pay a fine and if applicable, pay restitution to the victim, in addition to possible probation time.

If convicted of a felony, a person can face anywhere from probation to 8 years in prison, since felony criminal damage charges can range from a Class 6 felony (less serious) all the way to a Class 3 felony (more serious). There may be additional jail time and fines for those with one or two previous felony convictions, resulting in as much as 25 years in prison in certain cases.

What Are Possible Defense Strategies for a Criminal Damage Charge?

Prosecutors often aim to bring the most severe criminal damage charges possible, but they must prove key factors to secure a conviction. An experienced defense attorney can use these factors to reduce charges or potentially get the case dismissed. For example, a lawyer might argue the charges were exaggerated or fabricated, or that the damage was accidental or the result of negligence, not criminal intent.

Defense attorneys can also challenge the prosecution's property damage valuation, which determines whether the charges are felonies or misdemeanors. If evidence was obtained illegally, a lawyer can argue for its inadmissibility, potentially leading to the case being dropped. Each case is unique, but if you're charged with criminal damage, it's crucial to act quickly and explore all defense options.

FAQ: Criminal Damage in Arizona

What are the most common defenses to a criminal damage charge?

Some common defenses include:

• Lack of Intent: Arguing that the damage was accidental or unintentional.
• False Accusation: Demonstrating that the charges are exaggerated or fabricated.
• No Evidence: Challenging the evidence, including the value of the damage or the cause of the damage.
• Mistaken Identity: Proving you were not the person responsible for the damage.

Can criminal damage charges be dropped or reduced?

• Yes, criminal damage charges can potentially be dropped or reduced, depending on the circumstances. Your attorney may argue for a reduction to a misdemeanor or negotiate a plea deal. If evidence is found to be inadmissible, the charges might also be dismissed.

Can criminal damage charges be expunged from my record?

• In Arizona, criminal damage charges may be eligible for expungement, but only under certain conditions, such as after completing a sentence or probation without further offenses. An attorney can guide you on whether you are eligible to have the charge removed from your criminal record.

What happens if the property owner doesn’t want to press charges?

• Even if the property owner doesn't want to press charges, the state can still pursue criminal prosecution. Criminal charges are not dependent on the victim's wishes, as they are prosecuted by the state.

How can a criminal damage conviction impact my future?

• A criminal damage conviction can result in jail time, fines, and a permanent criminal record, which may affect employment opportunities, housing, and your reputation. Additionally, felony convictions can lead to the loss of certain civil rights, such as voting or owning firearms.

Are there alternative sentencing options for criminal damage?

• Yes, some alternatives to jail time may include probation, community service, or restitution to the victim for the damages. Your attorney can discuss these alternatives based on the severity of the crime and your criminal history.

Can I be charged with criminal damage if the property was abandoned or vacant?

• Yes, even if the property is abandoned or vacant, damaging it could still lead to criminal charges. If the property is owned by someone or is public property, the damage can still be considered criminal.

Don’t face criminal damage charges alone—contact us now at (480) 245-5550 for a free consultation and strong legal representation.