Скачать или смотреть 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. (In the most basic terms--This statute criminalizes "graffiti".);
6. Intentionally tampering with utility property.

MENTAL STATE REQUIRED
Criminal damage requires either an intentional or reckless mental state. Arizona Revised Statute 13-105 defines recklessness. A person acts recklessly when aware of, but consciously disregards, a substantial and unjustifiable risk. Simply put, one acts recklessly when they know a substantial and unjustifiable risk may occur, but they do it anyway.

REQUIRES DAMAGE TO "PROPERTY OF ANOTHER"
In addition, 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. Indeed, "property of another" includes property the defendant owns.


The defendant owns a vehicle fully. The defendant becomes upset and causes damage to the vehicle. Criminal damage is not correct because the property fully belongs to the defendant. Indeed, it is not property of another.

LEGAL CONSEQUENCES
Legal consequences depend on the amount of loss. Indeed, this dictates felony or misdemeanor charges. Specifically, 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. The severity of the felony charge will depend on the value of the property damage, as follows:
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 and a fine of up to $150,000.
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 and a fine of up to $150,000.
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 and a fine of up to $150,000.

In addition to these legal consequences, a criminal damage conviction can also result in a restitution order. A restitution order may require the defendant to pay for the cost of repairing or replacing the damaged property. This can be a significant financial burden for the defendant, particularly in cases where the property damage is substantial.

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. Criminal damage by domestic violence cases often involve "property of another" issues. As discussed above, "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. However, if a person is the sole owner, he/she can damage their own property as much as they want. As long as it does not disturb another's peace. Often times a person angrily destroying their own property may do so in front of another. The state will likely charge disorderly conduct for that behavior.

All domestic violence offenses carry additional and serious consequences. This includes mandatory counseling, protective orders, and loss of firearm rights. In addition, people convicted of domestic violence offenses face hurdles in finding employment or places to live. Indeed, punishment severity depends on the unique circumstances of each domestic violence case, damage amount and the defendant's prior record, if any.

DEFENSES
Following are some common defenses to criminal damage charges in Arizona:
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.