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Criminal Defense

Criminal Damage

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In the state of Arizona, criminal damage is defined by ARS 13-1602. A person can be found guilty of that offense if they engage in six different types of conduct. Most criminal damage charges usually involve some sort of domestic dispute. What many individuals may not know is that one may be charged for criminal damage even though they damage their own property if it is co-owned by the spouse in question.

Also, have in mind that every case is different. If you have any questions regarding criminal damage and would like to know more about your specific charges, do not hesitate to call us at 602-989-5000. Below we have provided the six varieties of criminal damage in the state of Arizona.

Types of Criminal Damage:

  • Recklessly defacing or damaging property that belongs to another individual. (Note that community property can also apply in these types of situations. For example, A husband can be charged with criminal damage if he destroys a door in his house–so long as the door is jointly owned with his wife)
  • Tampering with property so as to substantially impair its value. (Note here that tampering with property could include reversible or fixable actions. As long as the properties value is impaired the authorities could charge you.)
  • Damaging the property belonging to a utility. (We rarely see this crime charged)
  • Parking a vehicle to as to deprive livestock of water. (We rarely see this crime charged)
  • Recklessly writing or drawing graffiti on the side of a building without the permission of the owner. (Most of the time this is charged as a misdemeanor and not a felony.)
  • Intentionally tampering with the property of a utility. (We rarely see this charged)

Criminal Damage Penalties:

The penalties depend on the value of the destruction of property. Here are the amounts and class of felony.

  • $10,000 or more for a class 4 felony
  • $5,000 AND the property is owned by a public utility OR the damage created a safety hazard to others
  • Otherwise:
  • $2,000 to $10,000 is a class 5 felony
  • $1,000 to $2,000 is a class 6 felony
  • $250 to $1000 is a class 1 misdemeanor
  • Less than $250 is a class 2 misdemeanor

Criminal Damage is a crime in Arizona which can be charged as either a felony or a misdemeanor. Obviously it can be very helpful to have a criminal defense attorney help you because of the fact that very small differences in damage valuation can have the most profound impact on the consequences you may face. While the crime can carry with it almost 4 years in prison, criminal damage charges may be resolved with diversion program or deferred prosecution agreements. Furthermore, a misdemeanor compromise deal may also be available depending on certain circumstances. In other words it means that in some cases, the criminal charges can be erased completely if the accused person either completes educational classes and/or pays a fine or both.

Here at Alcock and Associates we have had the wonderful opportunity of being able to represent and win hundreds of criminal cases in Arizona, including criminal damage charges. CLICK HERE TO SEE A LIST OF OUR VICTORIES. If you have any questions about criminal damage in Arizona and you would like to speak with a criminal defense attorney, please do not hesitate to call us at 602-989-5000 for a free consultation.

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Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004