Property Crimes

Criminal Damage

Understanding ARS Criminal Damage: ARS 13-1602

Facing Arizona criminal damage charges is overwhelming. The legal system is complex and can be intimidating. Understanding the specifics of the crime and the potential penalties if convicted are important steps in navigating the legal system.

This guide provides a detailed overview of criminal damage ARS laws. It explains key terms and the sentencing guidelines for ARS criminal damage. It also answers frequently asked questions about your charges.

Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona criminal defense lawyer. If you are charged with ARS criminal damage, consult with a qualified criminal damage attorney in Phoenix as soon as possible.

What is ARS Criminal Damage?

The criminal damage ARS statute establishes that each of the following acts constitutes the crime of criminal damage:

  1. Property Damage or Defacement: Recklessly damaging or defacing another person’s property. Damage is broadly defined as any physical or visual impairment of any surface of the property.
  2. Property Tampering: Recklessly tampering with property which results in the impairment of its function or value. This includes acts that don’t necessarily cause visible damage but significantly decreases the property’s usability or worth. For example, disabling a crucial part of a machine without causing obvious physical harm would fall under this category.
  3. Utility Damage: Recklessly damaging property that belongs to a utility company. This could involve vandalism to power lines, water pipes, or gas lines. Such actions often lead to more severe penalties due to the potential impact on public services and safety.
  4. Obstructing Access: Recklessly obstructing a passageway, preventing livestock from accessing their only water source. This highlights the impact on others beyond property damage.
  5. Unauthorized Markings: Recklessly drawing or inscribing messages, slogans, or symbols on public or private buildings or structures without the owner’s permission (excluding the ground). This often refers to graffiti.
  6. Intentional Utility Tampering: Intentionally tampering with utility property. Note the shift from “recklessly” to “intentionally,” emphasizing the deliberate nature of this offense. Intentional acts typically carry more severe penalties than reckless ones.

The key element for most criminal damage crimes is recklessness, meaning you were aware of and ignored a significant and unjustifiable risk that you would cause damage to someone else’s property. This behavior is far below what a reasonable person would do in the same situation.

The severity of a criminal damage charge under ARS 13 1602 depends on the extent of the damage and whether the actions were reckless or intentional.

Aggravated Criminal Damage: ARS 13-1604

Aggravated criminal damage, defined in ARS 13 1604, carries heavier penalties. It involves intentionally or recklessly damaging specific types of property without permission, including:

  1. Places of Worship: Damaging property used for religious purposes. The intentional or reckless desecration of sacred places carries significant consequences.
  2. Educational Facilities: Damaging schools or educational facilities. The disruption to education and potential harm to students make these actions a serious crime.
  3. Cemeteries and Mortuaries: Damaging cemeteries, mortuaries, or personal property associated with burial or memorialization. The disrespect shown towards the deceased and grieving families increases the severity of this crime.
  4. Infrastructure Targeting: Damaging utility or agricultural infrastructure, construction sites, or existing structures to obtain non-ferrous metals. The added element of theft and potential damage to essential services escalates the severity of this charge.

The penalties for aggravated criminal damage are substantially harsher than those for general criminal damage.

A related offense is ARS unlawful use of means of transportation, defined in ARS 13-1803. ARS unlawful use of means of transportation involves either knowingly taking control of someone’s vehicle without permission or being in a vehicle you know or have reason to know is stolen. This crime is different from ARS theft of means because it doesn’t involve the intent to permanently deprive the owner of the vehicle.

Sentencing for ARS Criminal Damage:

The criminal damage Arizona punishment is severe and varies depending on the amount of damage, the type of property involved, and whether the act was intentional or reckless.

Misdemeanor Criminal Damage

  • Class 2 Misdemeanor (Damage less than $250): A Class 2 misdemeanor carries a maximum penalty of four months in jail and up to two years of probation.
  • Class 1 Misdemeanor (Damage between $250 and $1,000): A Class 1 misdemeanor can result in up to six months in jail and up to three years of probation.

Felony Criminal Damage

The penalties for felony criminal damage are significantly more severe. They depend on the class of felony and various case-specific factors.

Felony Crime Prison Probation (max)
Class 6 Damage: $1,000 - $1,999
Damage: $1 - $1,499
Damaging cemetery, educational or religious building
0.33 – 2 years 3 years
Class 5 Damage: $2,000 - $9,999
Promotion of gang or criminal syndicate
Damage: $1,500 - $9,999
Damaging cemetery, educational or religious building
Damage: $1 - $1,499
Nonferrous metals
0.5 – 2.5 years 3 years
Class 4 Damage: $10,000+
Utility damage: $5,000+
Damage causing imminent safety hazard
Damage: $1,500 - $9,999
Nonferrous metals
Damage: $10,000+
Damaging cemetery, educational or religious building
1 – 3.75 years 4 years
Class 3 Damage: $10,000+
Nonferrous metals
2 – 8.75 years 5 years

Frequently Asked Questions:

Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.

Key Takeaways:

  • Definition:
    • Criminal damage involves recklessly or intentionally damaging property, tampering with utility property, obstructing access, or defacing structures without permission.
    • Aggravated criminal damage involves damaging places of worship, schools, cemeteries, and utilities.
  • Sentencing: Charges for criminal damage range from a Class 2 misdemeanor to a Class 3 felony. The punishment for ARS criminal damage ranges from probation to 8.75 years in prison. Sentencing depends on a number of factors including the amount of damage, the motivation behind the damage, and the type of building damaged (e.g. place of worship, schools, cemeteries, utilities).
  • Key Element: While a few types of criminal damage require intentional damage, the majority only require recklessness, which is ignoring a significant and unjustifiable risk of causing damage.

Next Steps:

Criminal damage Arizona is a serious crime with serious consequences. The charges and the resulting sentence depend on many factors. You need to understand the law and your rights to effectively get through this difficult situation.

If you’re facing a criminal damage charge in Arizona, under ARS 13 1602, engaging a skilled criminal damage attorney Phoenix is essential to protect your rights and manage the process. Don’t try navigating the legal system alone; get an experienced criminal defense lawyer on your side right away.

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