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Originally Posted On: https://thevalleylawgroup.com/blog/criminal-damages-arizona/
Criminal Damage and What It Means in Arizona
Criminal damage in Arizona is legally defined under ARS 13-1602 as intentionally or recklessly damaging, defacing, or interfering with another person’s property. This charge can be applied alone or in conjunction with other offenses, such as burglary, theft, or vandalism. These charges occur when an individual damages property belonging to someone else and can coincide with charges like robbery or theft. For example, if property was damaged after a break-in, an individual can be charged with criminal damage in addition to theft. Purposefully harming another person’s property is against the law in Arizona, and a conviction may result in fines or even jail time.
If you are facing criminal damage charges in Arizona, begin by consulting with a skilled Arizona defense attorney who can protect your rights. As you navigate the legal process, it is essential to understand the laws surrounding these charges. Keep reading to learn more from the criminal defense attorneys at The Valley Law Group.
What Is Criminal Damage in Arizona?
According to Arizona Revised Statutes 13-1602, criminal damage can be defined as:
- Damaging or defacing public property in a reckless manner
- Recklessly mishandling someone else’s property for the purpose of breaking it or lessening its value
- Damaging utility property in a reckless manner
- Parking a car in a reckless way that prevents livestock from being able to easily get to a water source
- Recklessly drawing a sign, symbol, or message on either private or public property without the owner’s permission
- Purposefully causing damage to utility property
Criminal damage laws in Arizona include the word “reckless” to describe most of these criminal offenses. As detailed in ARS 13-105, this word refers to a person that “is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists.” When the court sees that an individual has acted in a way that shows no regard for the consequences, their actions will likely be considered reckless.
Examples of Criminal Damage Charges in Arizona:
- Graffiti on buildings without owner’s permission (classified as criminal defacement).
- Breaking property during a domestic dispute (could be charged along with domestic violence).
- Destroying construction equipment or utility infrastructure (felony-level offense under ARS 13-1602).
- Vandalizing a religious or historical site (can be classified as aggravated criminal damage per ARS 13-1604).
Property crimes of a different nature are frequently associated with criminal damages and can include:
- Arson – This crime involves an individual setting fire to property, building, or structure. There are several categories of arson, such as arson of a structure that is occupied, arson of a structure or property, or reckless burning. If the crime caused injuries to officers of the law or occurred on property that was occupied, the individual may also face aggravated arson charges, which is considered a felony. When arson charges are levied alongside criminal damage charges, the penalties may be even more severe.
- Burglary – This crime involves a person entering a building without permission with the intention of committing a crime. If the property is damaged during a burglary, the associated criminal damage charges can add fines and jail time.
- Trespassing – Trespassing occurs when an individual accesses someone else’s property without permission. The three different kinds of criminal trespassing in Arizona include knowingly entering or staying on someone else’s property, entering into a commercial building or yard, and intentionally entering into someone else’s home without having permission. If property is damaged during entrance or during the individual’s time on the premises, criminal damage charges can occur alongside trespassing charges.
- Vandalism – Vandalising property involves an individual intentionally causing damage to property that they do not own.
Additionally, there are other acts that may be considered aggravated criminal damage in Arizona. According to AR 13-1604, aggravated criminal damage includes acts of destruction that are intentional or reckless.
Some actions that would be charged as aggravated criminal damage include:
- Causing damage to churches or other religiously affiliated properties
- Destroying school property or any other kind of educational property
- Damaging burial sites or mortuaries
- Causing damage to utility sites
- Destroying property at construction sites specifically for stealing certain metals
- Drawing or painting messages, signs, or symbols on either a public or private building in a reckless manner
Arizona Criminal Damage Laws and Penalties
A criminal damage conviction can trigger one or more Arizona criminal damage penalties. The most significant factor that determines the severity of the associated penalties is whether a criminal damage crime is classified as a misdemeanor or a felony.
Criminal Damage Misdemeanors
According to ARS 13-1602, a Class One misdemeanor is considered property damage that costs more than $250 but less than $1,000 to repair, while a Class Two misdemeanor is considered any damages that are less than $250. Any damage done to utility property or any vandalism or defacing of a public or private property that amounts to $250 in repairs is also considered a Class Two misdemeanor.
Penalties for a Class One misdemeanor could result in probation or, for more serious offenses, up to a six-month prison sentence. Individuals could also face a suspended fine or fines up to $2,500, as well as the costs of the needed repairs.
A Class Two misdemeanor could also result in probation or a suspended fine. The maximum penalties for this charge include a $1,500 fine, a four-month prison sentence, and/or paying for all repairs.
Criminal Damage Felonies
Felony criminal damage in Arizona is classified based on several factors, according to ARS 13-1602. Officials must determine the cost of the damage done, which involves several factors, such as the cost of labor, cost of building materials, and any other costs related to repairs needed.
A Class Four felony occurs when an individual has caused reckless damages costing $10,000, reckless damage to utility property that resulted in $5,000, or purposeful damage to a utility property that resulted in hazardous conditions.
Class Five felonies involve reckless actions that have caused more than $2,000 but less than $10,000 in repairs, as well as reckless actions on behalf of a criminal street gang to intimidate someone. Lastly, a Class Six felony refers to any reckless damage that costs more than $1,000 but less than $2,000 in repairs.
Penalties for a Class Four felony include either probation or a prison sentence between one to three years and nine months. A Class Five felony also results either in probation or between six months to two and a half years in prison. A Class Six felony’s penalties involve probation or between four months and two years in prison.
Damage done to cemeteries or mortuaries, churches, schools, or historical landmarks is classified as aggravated criminal damage. Harming agricultural property, construction sites, or recycling receptacles may also fall under this category. The penalties for these charges are dependent upon the determined value of the property.
How Criminal Damage Charges Are Handled in Arizona
After an individual is charged with criminal damage in Arizona, prosecutors must prove that there was real property damage and that it was done purposefully or recklessly. There must be evidence demonstrating that the defendant’s actions were intentional or reckless, that their actions caused damage, defaced, or compromised property, and that the property belonged to someone else.
The court must then determine the total cost of the damages involved, including the pricing of materials, labor, and equipment necessary to make the repairs. Penalties will then be determined depending on how much damage was done, as well as the level of intent. A strong defense strategy will be needed to help the defendant achieve a positive outcome.
Common Defenses Against Criminal Damage Charges in Arizona
Developing a solid defense strategy is essential to ensure a minimum sentence, reduction in charges, or a dismissal of all charges. The defense that will be most effective for your case depends on the unique circumstances of the situation in question.
Example:
This is why it is extremely beneficial to work with a skilled Arizona criminal defense attorney who can evaluate your charges and help you build a strong defense strategy.
Below are some of the more common defenses for criminal damage in Arizona:
Actions Were Not Reckless
In order for a criminal damage charge to be valid, there must be evidence that not only did damaging actions occur but that the defendant acted recklessly, resulting in the damaged property. The prosecution must also demonstrate that the defendant disregarded the risk of damage occurring. If your attorney can demonstrate that you were not acting recklessly but instead were practicing caution and damage to the property occurred accidentally, your charges may be reduced or dropped.
Unreliable Investigation or Evidence
Questioning the integrity of a police officer’s investigation or the reliability of the evidence against you is another strategy frequently used in criminal damage defense. Your lawyer may question and challenge the preservation of the evidence involved, the validity of the witnesses’ statements and the value of their testimony, the assessed amount of damages, and the quality of the police report and records. If the investigation or evidence against you is unreliable, your charges may be reduced or dropped.
Mistaken Identity
If you are accused of causing criminal damage by an eyewitness, your defense strategy will most likely include questioning the validity of their testimony. Eyewitness testimonies are not always reliable, especially because they can result in wrongly accusing a defendant of a crime that they did not commit. Video surveillance, while it may be more reliable, can also result in mistaken identity.
Mere Presence
Sometimes, criminal charges are assigned simply because a defendant was at the scene of a crime in Arizona. If you were charged but were simply on-site at the time of a crime, a mere presence defense strategy might be a viable defense. In this case, you did not participate in the crime and therefore, there was no criminal intent.
Lack of Intent
To secure a conviction, the prosecution must prove that there was criminal intent to damage the property in question. If there is proof that the defendant unintentionally or accidentally damaged property, the prosecution cannot prove intent. Furthermore, if there is no evidence that the actions were reckless, a lack of intent is a potential strategy.
Defense of Property or Defense of Self
If the damage done was a result of you defending your personal property, someone else, or yourself, then this defense strategy may apply to your case.
Rightful Ownership or Permission
This defense strategy can be used when you can prove that the property in question legally belongs to you. Therefore, you have the right to make changes or destroy the property as you see fit. Additionally, if you have evidence that you were permitted to alter or dispose of the property, your charges may be dismissed.
Why You Need a Criminal Defense Attorney for Arizona Criminal Damage Charges
Felony criminal charges have serious consequences that may impact your future, including losing your right to vote, losing custody of your children, having limited employment or housing options, obtaining more debt, harming close relationships, and ruining your reputation and credibility.
There are several ways a criminal defense attorney on your side is beneficial for your case.
- Investigation Skills – A criminal defense attorney can thoroughly investigate your case, gathering all pertinent evidence. A deep investigation can help your lawyer build a strong, effective defense.
- Deep Understanding of the Law – Because they understand Arizona property damage laws, criminal damage laws, and criminal defense law, a criminal defense attorney can help you navigate the legal process and provide you with support along the way.
- Building Confidence – An attorney can help you make wise choices confidently, help you understand your rights, and warn you of any tactics that the prosecution may use against you.
- Negotiation Skills – An attorney may also help negotiate the penalties you are facing. Because they have an understanding of the laws associated with the charges against you, they can aggressively negotiate to have the charges against you reduced or even dismissed.
- Formidable Defense – Your attorney has an arsenal of defenses and knows which can be used against the prosecution, challenging any evidence that is questionable or unreliable.
Overall, working with a skilled criminal defense lawyer from The Valley Law Group can make an immense difference in your case. We understand how complex your situation can become and are prepared to build you a powerful defense and advocate for your rights. Do not wait to see how our lawyers can represent you today.
Consult a Skilled Arizona Criminal Defense Attorney
If you have been charged with criminal damage in Arizona, it is critical to begin working with a lawyer you can trust as early as possible. While facing these charges can be daunting, guidance from a skilled criminal defense attorney can ensure you feel confident that your future is in capable hands.
Contact The Valley Law Group to learn more about how we can help you build a defense against your criminal damage charges and schedule a free consultation with out team.
References:
- Arizona Department of Transportation. (n.d.). Driver improvement and penalties. Arizona Department of Transportation. Retrieved from https://azdot.gov/mvd/services/driver-services/driver-improvement/penalties
- Arizona Legislature. (n.d.-a). Felony classifications and penalties (ARS 13-702). Arizona Legislature. Retrieved from https://www.azleg.gov/ars/13/00702.htm
- Arizona Legislature. (n.d.-b). Felony sentencing guidelines (ARS 13-801). Arizona Legislature. Retrieved from https://www.azleg.gov/ars/13/00801.htm
- Arizona Legislature. (n.d.-c). Misdemeanor sentencing classifications (ARS 13-707). Arizona Legislature. Retrieved from https://www.azleg.gov/ars/13/00707.htm
- Arizona Legislature. (n.d.-d). Arizona felony sentencing reference guide. Arizona Legislature. Retrieved from https://www.azleg.gov/alisPDFs/council/Felonies.pdf
- Arizona Legislature. (n.d.-e). Arizona criminal defense law (ARS 13-1105). Arizona Legislature. Retrieved from https://www.azleg.gov/ars/13/01105.htm
- Arizona Legislature. (n.d.-f). Arizona criminal offense classifications (ARS 13-802). Arizona Legislature. Retrieved from https://www.azleg.gov/ars/13/00802.htm
- Arizona Court Records. (n.d.). Types of criminal court records in Arizona. Retrieved from https://arizonacourtrecords.us/criminal-court-records/types/
