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When it comes to the law in Arizona, the term “destruction of property” involves intentionally damaging or destroying someone else’s property without their consent.
Whether it be vandalism, arson, or other acts of destruction, any damage caused can result in serious legal ramifications.
In Arizona, those accused of destruction of property may find themselves facing criminal charges. This could lead to a prosecutor seeking a conviction and potentially harsh penalties. Along with criminal charges, individuals may also be required to pay restitution to the property owner for the damages caused.
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Destruction of Property
What is Considered “Destruction of Property”
Under Arizona law, “destruction of property” is encompassed within the broader term of criminal damage, as outlined in A.R.S. § 13-1602. Criminal damage includes several specific actions:
- Recklessly defacing or damaging another person’s property.
- Recklessly tampering with another person’s property in a way that substantially impairs its function or value.
- Recklessly damaging property belonging to a utility.
- Recklessly parking a vehicle in a manner that deprives livestock of access to the only reasonably available water source.
- Recklessly drawing or inscribing a message, slogan, sign, or symbol on any public or private building, structure, or surface, except the ground, without the owner’s permission.
- Intentionally tampering with utility property.
What is an Example of Property Destruction?
An example of property destruction in Arizona could involve a person recklessly damaging another’s vehicle by breaking its windows.
If the damage exceeds $1,000, this act could be charged as a class 6 felony under A.R.S. § 13-1602. Another example is graffiti on a public building without permission. Such actions, even if they seem minor, can lead to serious legal consequences, including fines and potential jail time, depending on the extent of the damage and the value of the property affected.
What is the Most Common Type of Property Damage?
The most common type of property damage in Arizona is vandalism, which often includes acts like graffiti, breaking windows, and defacing public or private property.
These acts can range from misdemeanors to felonies depending on the extent of the damage and the property value.
How Does the Type of Property Impact Potential Charges
The severity of the penalties for criminal damage is determined based on the value of the property damaged and the specific circumstances of the act. According to A.R.S. § 13-1602(B):
- Class 4 Felony: If the damage to another’s property is $10,000 or more, or if the damage to utility property is $5,000 or more, or if intentional tampering with utility property creates an imminent safety hazard.
- Class 5 Felony: If the damage to another’s property is between $2,000 and $10,000, or if the damage is done to promote or assist a criminal street gang or syndicate with the intent to intimidate.
- Class 6 Felony: If the damage to another’s property is between $1,000 and $2,000.
- Class 1 Misdemeanor: If the damage to another’s property is between $250 and $1,000.
- Class 2 Misdemeanor: In all other cases where the damage is less than $250.
Additional Considerations
For violations involving graffiti (subsection A, paragraph 5), the calculation of damages includes reasonable labor costs, material costs, and any reasonable costs associated with equipment used to abate or repair the damage.
Potential Defense Strategies
When facing charges of destruction of property, several defense strategies can be employed to mitigate the potential consequences. Here are some common defense strategies:
① Lack of Intent
One of the most effective defenses is to demonstrate that the damage was not intentional. If the defendant can prove that their actions were accidental or that they did not have the requisite intent to cause damage, this can significantly weaken the prosecution’s case.
② Mistaken Identity
Another defense strategy is to show that the defendant was not the person who committed the act. This can involve presenting evidence such as alibis, eyewitness testimony, or surveillance footage that indicates someone else was responsible for the damage.
③Consent
If the property owner had given permission for the actions that resulted in the damage, this can serve as a valid defense. Proving that the owner consented to the activity can negate the element of the offense that requires the act to be unauthorized.
④ Insufficient Evidence
Challenging the sufficiency and reliability of the prosecution’s evidence is another defense. This can involve questioning the credibility of witnesses, the accuracy of forensic evidence, or the procedures followed during the investigation.
⑤ Property Valuation
Disputing the value of the damaged property can also be a viable defense strategy. If the defense can show that the prosecution has overestimated the value of the damage, it could potentially reduce the severity of the charges.
⑥ Coercion or Duress
In some cases, the defendant might argue that they were forced to commit the act under threat of harm or due to coercion. Demonstrating that the defendant acted under duress can serve as a defense to the charges.
A comprehensive defense strategy involves a detailed review of all evidence, witness statements, and applicable laws. An experienced criminal defense attorney can help develop and present these defenses effectively, aiming to achieve the best possible outcome for the defendant.
Contact a Criminal Defense Attorney at CHM
Facing charges for destruction of property can be daunting. At Colburn Hintze Maletta (CHM), our experienced criminal defense attorneys provide the strong defense you need.
From the initial consultation to court representation, we provide full support throughout the legal process. We meticulously review all evidence and advocate fiercely on your behalf.
If you or someone you know is facing destruction of property charges, contact CHM today at (602) 825-2500 to schedule a free initial consultation.
Timothy Hintze is a well-respected and aggressive trial lawyer having represented clients in courts throughout the state of Arizona. He has litigated hundreds of criminal matters ranging from complex felony cases to misdemeanor offenses, as well as a dedicated advocate for family law clients. Tim was also awarded the distinction of being named a Super Lawyers Rising Star and selected by the National Trial Lawyers Association as a Top 40 Under 40 Attorney.
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