What is Criminal Damage in Arizona? скачать в хорошем качестве

What is Criminal Damage in Arizona?

Criminal damage in Arizona is either a misdemeanor or felony. In its most basic form, this offense involves breaking property or items of another. Criminal damage also includes graffiti cases, or tampering/damaging utilities. Arizona Revised Statute 13-1602 lays out the specific elements for Criminal Damage: 1. Recklessly defacing property of another; 2. Tampering recklessly with property of another so as substantially to impair its function or value; 3. Recklessly damaging property of a utility; 4. Parking any vehicle recklessly in such a manner as to deprive livestock of access to the only reasonably available water; 5. Recklessly drawing or inscribing a message, slogan, sign or symbol made on any public or private building, structure or surface; 6. Intentionally tampering with utility property. MENTAL STATE REQUIRED Criminal damage requires either an intentional or reckless mental state. A person acts recklessly when aware of, but consciously disregards, a substantial and unjustifiable risk. REQUIRES DAMAGE TO "PROPERTY OF ANOTHER" Criminal Damage requires damage to property belonging to another. The other party could be a private citizen, business or government. Indeed, it is Criminal Damage even if the defendant has an interest in the property. For example, the defendant and person A own a vehicle together. The defendant becomes upset and causes damage to the vehicle. Criminal damage is the charge despite the defendant's partial ownership. LEGAL CONSEQUENCES Legal consequences depend on the amount of loss. It is a misdemeanor when the loss is $1,000 or less. A misdemeanor criminal damage conviction may result in up to 6 months in jail and a fine of up to $2,500. However, property damage resulting in more than $1000 is a felony in Arizona: 1. If the property damage exceeds $1,000 but is less than $2,000 the offense is a class 6 felony; which can result in up to 2 years in prison. 2. Value of the property damage is $2,000 or more but less than $10,000, the offense is a class 5 felony; which can result in up to 2.5 years in prison. 3. If the property damage is $10,000 or more, the offense is a class 4 felony; which can result in up to 3.75 years in prison. CRIMINAL DAMAGE BY DOMESTIC VIOLENCE IN ARIZONA Criminal damage is a domestic violence eligible offense per A.R.S. 13-3601(A). Domestic violence situations occur when the defendant and victim know each due to relationship. "Property of another" means any property another may own, even if the defendant has partial ownership. For example, a person damaging their home is committing criminal damage if another has joint ownership in the home. All domestic violence offenses carry additional and serious consequences including mandatory counseling, protective orders, and loss of firearm rights. DEFENSES Common defenses to criminal damage charges include: 1. Lack of intent 2. Destruction of sole property 3. Mistaken Identity 4. Self-defense In this video, Arizona's Best Criminal Defense and DUI Lawyer Jeremy L. Huss of Huss Law discusses Criminal Damage and Criminal Damage by Domestic Violence in Arizona. My name is Jeremy Huss. For over a decade, I was a felony prosecutor. If you're facing DUI or criminal charges in Arizona, call (602) 643-5595 for a free consultation. Learn more at jeremyhuss.com.