Phoenix Criminal Damage to Property Lawyer

Phoenix Criminal Damage to Property Attorney

Criminal damage is an offense that results in harm to property. This can be a serious crime with extensive consequences, both in length of possible prison terms, to collateral consequences of having a felony conviction. If you or a loved one has been charged with criminal damage to property, it is important to seek legal counsel immediately. A Phoenix criminal damage to property lawyer can build a strong defense for your case.

The team at Hallam Law Group is here to help, offering the guidance of a skilled criminal defense attorney who can explain your charges, protect your rights, and fight for the best possible outcome in your case.

What Is Criminal Damage in Arizona?

Criminal damage is a crime that results in the:

• Physical damage to someone’s property
• Tampering with someone’s property in such a way that it is altered or unable to function properly
• Altering of the appearance of a structure or surface (other than the ground) through the drawing or painting of signs, slogans, symbols, words, and other markings

Criminal damage can be considered a serious offense if the damages caused are of a significant cost. This crime can be classified as either a misdemeanor or a felony, and it can show up on a person’s record if they are found guilty. For these reasons, it is important to have legal representation and guidance if you have been charged.

Consequences for Criminal Damage

The possible charges in criminal damage cases in Arizona are Class 4 felony, Class 5 felony, Class 6 felony, Class 1 misdemeanor, or Class 2 misdemeanor. Circumstances involved in the case, as well as the monetary value of the damage caused, are factors used to determine classification.

• Class 2 misdemeanor charges are reserved for situations in which additional criminal activities may have occurred alongside this offense, such as theft.
• Class 1 misdemeanors apply to damages that are less than $1,000.
• Class 6 felonies are for damages between $1,000 and $2,000.
• Class 5 felonies may be pressed for damages between $2,000 and $10,000 or if the criminal activity was related to a gang. which can also escalate charges in firearm offenses.
• Class 4 felonies involve damages of more than $10,000, damage to a utility valued at $5,000 or more, or damage that caused a significant safety hazard.

How Is the Value of the Damage Determined?

The value is the fair market value of the item damaged, at the time it was damaged.

How is the amount due for Restitution in a Criminal Damage case estimated?

If a new replacement for the damaged item is sought, the defendant would only contribute the fair market value price of the damaged item to the new, replacement item if the case is pled out or the case ends in a guilty verdict.  It is the burden of the State to prove the value.

Additional value factors for amount due for Restitution:  Labor costs. In some cases, a professional (or multiple individuals) may be required to repair the damages, such as a plumber, electrician, construction worker, sheetrock builder, and others. The fees for their services will be factored into the damage costs. 

1. Price of materials. New materials may be required to return the property to its original state.
2. Additional repair expenses. Any other repair-related costs will be factored into the overall damage value.

How an Attorney Can Help

The laws surrounding criminal damage to property are intricate and can be confusing. A lawyer who is familiar with handling similar cases can explain what you are being charged with and formulate potential defenses.

In addition to building a strong case, a lawyer can also represent you in court. It can be intimidating to walk into an unfamiliar courtroom. Having a lawyer by your side who is ready to fight for you can bring peace and comfort during such a trying time.

FAQs About Criminal Damage to Property Law in Phoenix,AZ

What Is the Criminal Damage Law in Arizona?

Criminal damage is defined as tampering with or damaging another person’s property in such a way that it reduces its value or impairs its ability to function properly. This can take various forms, such as physical destruction, drawing or painting on structures and surfaces, and obstructing passageways for livestock. This crime can be considered a felony or a misdemeanor, depending on the facts of each case.

What is the best Defense to a Criminal Damage charge in Arizona?

If the item that is damaged or destroyed in Arizona, the best defense is that you owned or paid for the item yourself.  A Defendant cannot be charged with destroying their own property.  Supplying proof that you owned/bought the item, and it was not “gifted” to another person is enough to get a Criminal Damage case dismissed.

Is Damage to Property a Misdemeanor or a Felony in Arizona?

Damage to property may be classified as a misdemeanor or a felony. Oftentimes, the deciding factor in how to classify a charge is the monetary value of the damage done. Arizona law requires that damage costing $1,000 or more be classified as a felony. For damages less than $1,000 a person may be charged with a Class 1 misdemeanor. If damages are costly enough, a person could face up to a Class 4 felony.

Criminal Damage to Property Lawyers in Phoenix

If you or a loved one has been charged with criminal damage to property, it is vital that you seek legal counsel as soon as possible. You may be facing serious consequences that could be reduced or dropped with a lawyer’s representation. Reach out to Hallam Law Group today to learn more about how we can build a strong defense.

These cases are better dealt with sooner rather than later. If you have questions about your case or are wondering how a lawyer can help, contact us. We are happy to find the answers to your questions and assist you during this difficult time.