Tucson Criminal Defense Lawyer Explains Arizona Criminal Damage Laws  Called vandalism in many other states, criminal damage laws make it a crime in Arizona to recklessly or intentionally damage or deface the property of another. When people think of vandalism, one of the first things that we think of is graffiti, but there are many other acts that would qualify as criminal damage, the most frequently charged property crime in Arizona. Damage done to vehicles, store fronts, and even personal property like cellular phones are common subjects of criminal damage charges. Additionally, it is important to note that Arizona law does not require proof that damage was done intentionally. This is not only in contrast to the laws in some other states, but also in contrast to what many people think the crime is. To show that a person "recklessly" caused damage to another person's property, the government must only show that a person knew of the risk of causing said damage, and proceeded with their action anyway.
PENALTIES FOR CRIMINAL DAMAGE IN ARIZONA The penalties for criminal damage in Arizona primarily depend upon the value of the damaged property, and/or the cost to repair. Property damage valued at over $10,000 is treated most severely, punishable as a Class 4 felony (possible higher if aggravated, see below). Damage in an amount between $2,000 and $10,000 will be charged as a Class 5 felony, and damage between $1,000 and $2,000 is a Class 6 felony. Criminal damage of property between $250 and $1000 is a Class 1 Misdemeanor, and property worth less than $250 is a Class 2 Misdemeanor. In addition to any jail time, probation, and fines, those convicted of criminal damage will almost certainly be ordered to pay restitution (paid to the victim of a crime to make up for the costs to repair or replace damaged property). AGGRAVATED CRIMINAL DAMAGE In an effort to curtail hate crimes, Arizona law punishes more harshly the vandalism of certain types of buildings, including churches and other houses of worship, schools, and cemeteries. Additionally, a person can be charged with aggravated criminal damage for damage done to a building, or construction site to take copper pipes or other metals. Aggravated criminal damage is a felony, regardless of the value of the damaged property or the cost to repair. The penalties are more severe for greater damage, with the most serious punishment for aggravated damage being a Class 3 felony for causing damage in excess of $10,000 to remove copper pipes. In cases involving damage to places of worship or cemeteries, a "hate crime" motive may result in harsher prosecution and aggravating factors at sentencing. DAMAGING OR DEFACING FEDERAL GOVERNMENT PROPERTY The vast majority of vandalism cases in Tucson, and across the country, are prosecuted at the state level. However, damaging or defacing federal government property can result in federal charges, which is almost always dealt with more harshly, even with Arizona having some of the toughest state level criminal laws in the country. For damage to federal property exceeding only $100, the possible penalties include a fine of up to $250,000 and up to ten years imprisonment. More information about Federal criminal defense DEFENSES TO CRIMINAL DAMAGE ("VANDALISM") CHARGES Some defenses to criminal damage charges include: Accident, Consent, Ownership, False Accusation, Mistaken Identity, and more. It may also be possible to obtain a better result by challenging the government or alleged victim's valuation of property or damage. In terms of plea bargaining, seeking to make prompt restitution to repair damage will usually go a long way in helping to mitigate punishment. Every case is different, and determining your best defenses requires thorough consultation with a defense lawyer. RELATED CHARGES With an increasing emphasis of the criminal justice system on domestic violence cases, domestic violence related vandalism charges are on the rise as well. Breaking another person's property during an argument might not be what you think of when you hear the term "vandalism" but is commonly charged in that way. Criminal littering and polluting are also closely related to criminal damage under Arizona law, and can result in serious penalties for dumping and polluting. Criminal damage, especially in schools, is an especially common charge in juvenile delinquency cases. IF YOU OR A LOVED ONE HAS BEEN ARRESTED, OR CHARGED WITH CRIMINAL DAMAGE OR A RELATED CRIME, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY 520-585-5757
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November 2024
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