What is a Criminal Damage Charge Under ARS 13-1602
This article discusses the following:
- How Does Arizona Law Define Criminal Damage Under ARS 13-1602
- Examples of Damage to Property
- What is Aggravated or Felony Criminal Damage
- Penalties for Criminal Damage in Arizona
- What Defense Strategies Can Be Used to Mitigate Charges
- 9 Frequently Asked Questions: Criminal Damage Charges in Arizona
- Contact a Criminal Defense Attorney From Kolsrud Law
Criminal damage under ARS 13-1602 refers to acts where a person recklessly or intentionally causes damage to the property of another person.
Criminal damage differs from other property crimes in Arizona by focusing specifically on reckless or intentional actions that harm property, such as tampering with property or causing damage without permission.
In contrast, crimes like theft or burglary involve taking property or entering premises unlawfully. Josh Kolsrud and his team at Kolsrud Law specialize in defending individuals facing criminal damage charges, understanding the distinctions that distinguish these offenses from other property crimes.
How Does Arizona Law Define Criminal Damage Under ARS 13-1602
Arizona law defines criminal damage under ARS 13-1602 as the reckless or intentional destruction, defacement, or tampering with property belonging to another person. A person can commit criminal damage in several ways, outlined specifically in the statute:
- Recklessly defacing or damaging another person’s property: This could include actions like graffiti, breaking windows, or keying a car.
- Recklessly tampering with property: This involves actions that substantially impair the function or value of the property, such as disabling or damaging equipment or systems.
- Recklessly damaging property of a utility: For example, cutting power lines or damaging water systems could fall under this provision.
- Obstructing a passageway, depriving livestock of water: Physically blocking access to the only reasonably available water for livestock is a criminal act if done recklessly.
- Graffiti or other unauthorized inscriptions: Drawing or inscribing a message, slogan, sign, or symbol on any public or private structure without the owner’s permission constitutes criminal damage.
- Intentionally tampering with utility property: If a person intentionally tampers with utility property, such as gas lines or electrical systems, it is considered criminal damage, especially if it creates an imminent safety hazard.
The statute also provides detailed punishments based on the severity and nature of the damage, which can range from misdemeanors to felonies depending on the circumstances and amount of damage caused.
Examples of Damage to Property
Criminal damage can take many forms, and examples include:
- Breaking windows or doors.
- Keying a car or other vandalism.
- Spraying graffiti on a public or private building.
- Cutting down trees or plants without permission.
- Damaging fences or residential property during a trespass.
- Disrupting public utility services, like cutting electrical wires.
In cases where property damage is significant, such as destruction of a vehicle or deliberate sabotage of public infrastructure, the charges may escalate.
What is Aggravated or Felony Criminal Damage
Aggravated or felony criminal damage under Arizona law occurs when the property damage meets certain thresholds or involves specific types of property that elevate the offense to a more serious level.
Felony charges are applied when the damage is particularly severe or when the property affected has higher societal or economic importance, such as public utilities. Arizona Revised Statutes ARS 13-1602 outlines specific situations where criminal damage can be classified as a felony:
- Class 4 Felony: Criminal damage is charged as a Class 4 felony if a person recklessly damages another person's property with a value of $10,000 or more. Additionally, it becomes a felony if utility property is damaged in an amount of $5,000 or more or if someone intentionally tampers with utility property, creating an imminent safety hazard.
- Class 5 Felony: If the damage to property is valued between $2,000 and $10,000, the crime is categorized as a Class 5 felony. It is also a Class 5 felony if the damage is done to further or promote a criminal street gang, with the intent to intimidate.
- Class 6 Felony: When property damage is valued between $1,000 and $2,000, it can be charged as a Class 6 felony. Although this is the lowest level of felony, it still carries significant legal consequences.
Felony criminal damage often involves substantial financial harm or a broader impact on public infrastructure and safety, which is why these acts are treated more harshly under Arizona law. The penalties for felony-level criminal damage include long-term prison sentences, large fines, and a permanent felony record.
Aggravated criminal damage, which includes damage to religious buildings, cemeteries, or historic landmarks, can also result in heightened felony charges due to the sensitive nature of the property involved. Prosecutors will pursue harsher penalties in these cases to reflect the serious impact on the community and society.
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Penalties for Criminal Damage in Arizona
In Arizona, criminal damage penalties vary depending on the value of the damaged property and the nature of the offense. The severity of the charge ranges from misdemeanors to felonies, with harsher consequences for higher-value damages or cases involving public utilities. Below is a breakdown of the penalties based on Arizona Revised Statutes ARS 13-1602:
- Class 4 Felony: Criminal damage is charged as a Class 4 felony in two circumstances:
- When a person recklessly damages another person’s property with a value of $10,000 or more.
- If a person recklessly damages the property of a utility in an amount of $5,000 or more, or intentionally tampers with utility property, causing an imminent safety hazard. A Class 4 felony can result in 1 to 3.75 years in prison, along with substantial fines and restitution.
- Class 5 Felony: If the damage to another’s property is valued between $2,000 and $10,000, the charge becomes a Class 5 felony. Additionally, this charge applies if the damage was done to promote or assist a criminal street gang or syndicate with the intent to intimidate, provided the damage does not fall under a Class 4 felony. A conviction can result in 9 months to 2 years in prison.
- Class 6 Felony: Damage valued between $1,000 and $2,000 is considered a Class 6 felony. Though the lowest level of felony charges, it still carries serious consequences, including up to 1.5 years in prison.
- Class 1 Misdemeanor: Criminal damage is classified as a Class 1 misdemeanor when the property damage is valued between $250 and $1,000. The penalties can include up to 6 months in jail and fines.
- Class 2 Misdemeanor: Any damage valued under $250 is considered a Class 2 misdemeanor, punishable by up to 4 months in jail and fines.
In cases involving graffiti or unauthorized inscriptions (ARS 13-1602 A.5), the cost of the damage includes not only the property damage itself but also reasonable labor, material, and equipment costs used to repair the damage.
| Penalty | Description |
|---|---|
| Class 4 Felony | Damage exceeds $10,000 or damage to utility property causing a safety hazard. |
| Class 5 Felony | Damage between $2,000 and $10,000, or damage linked to gang activity. |
| Class 6 Felony | Damage between $1,000 and $2,000. |
| Class 1 Misdemeanor | Damage between $250 and $1,000. |
| Class 2 Misdemeanor | Damage under $250. |
What Defense Strategies Can Be Used to Mitigate Charges
When facing a criminal damage charge under ARS 13-1602, a strong defense strategy often focuses on challenging the elements of the crime.
The prosecution must prove that the defendant recklessly or intentionally caused the damage. By disproving or weakening these elements, a defense attorney can mitigate or even eliminate the charges. Here are some common defense strategies:
1. Lack of Intent or Recklessness
To secure a conviction for criminal damage, the prosecution must prove that the defendant acted either intentionally or recklessly.
If there is evidence that the damage was accidental and not due to reckless behavior, the defense can argue that the key element of intent or recklessness is missing. For example, if property was damaged as a result of a reasonable mistake or an unforeseeable event, the defendant may not be held criminally liable.
2. Mistaken Identity or Lack of Evidence
In some cases, the defendant may have been wrongly identified as the person responsible for the damage. Eyewitness accounts can be unreliable, and surveillance footage may not provide a clear image.
If there is insufficient evidence linking the defendant to the property damage, the defense can argue that the prosecution has not met its burden of proof. This strategy is effective when there is doubt as to whether the defendant actually committed the act.
3. Consent of the Property Owner
If the property owner consented to the actions that caused the damage, this can be a complete defense to criminal damage charges.
For example, if someone allowed the defendant to make modifications to their property and later claimed it was damaged, the defense can show that the owner gave permission. This undermines the element of “damage without permission,” which is necessary for a conviction under ARS 13-1602.
4. Lack of Substantial Impairment
In cases involving tampering with property, the prosecution must show that the defendant’s actions substantially impaired the function or value of the property. If the damage did not significantly impact the use or value of the property, the defense can argue that the element of substantial impairment is not met.
For example, minor scratches or surface-level damage that do not affect the function of the property may not rise to the level required for criminal damage.
5. Challenging the Value of the Damage
The severity of criminal damage charges often depends on the value of the damaged property. If the prosecution overestimates the value of the damage, the defense can challenge the valuation.
By presenting evidence such as repair estimates or expert testimony on the actual value of the damage, the defense can potentially reduce the charges from a felony to a misdemeanor or secure a more favorable outcome for the defendant.
By focusing on these key elements—intent, permission, substantial impairment, and value of the damage—a skilled defense attorney can develop a strong case to mitigate or dismiss criminal damage charges.
9 Frequently Asked Questions: Criminal Damage Charges in Arizona
What is Criminal Damage Under Arizona Law?
Criminal damage occurs when someone recklessly defaces or damages property of another person, tampers with property so as substantially to impair its function or value, or inscribes a symbol that is made on any public or private building without permission of the owner. The statute also covers damaging a vehicle, tampering with utility systems, and obstructing passageways that deprive livestock of water.
What Are Common Examples of Criminal Damage?
Common examples include:
- Recklessly defacing or damaging property such as graffiti on a wall.
- Tampering with property in such a manner as to impair its function, like damaging electrical systems.
- Damaging property of another person like breaking windows, keying a car, or vandalizing a public building.
- Physically obstructing a passageway, depriving livestock of access to water.
What Penalties Can I Face If Charged With Criminal Damage in Arizona?
The penalties for criminal damage depend on the value of the property damaged and other factors, such as whether public utilities were affected:
- Class 4 felony if the damage exceeds $10,000 or involves utility systems.
- Class 5 felony if the damage is between $2,000 and $10,000 or involves gang-related activity.
- Class 6 felony if the damage is between $1,000 and $2,000.
- Class 1 misdemeanor if the damage is valued between $250 and $1,000.
Class 2 misdemeanor for damages less than $250.
How Can an Experienced Criminal Defense Lawyer Help in a Criminal Damage Case?
An experienced criminal defense lawyer will carefully review the details of your case, challenge any improper valuations of the damage, and work to disprove the elements of intent or recklessness. They can also negotiate with prosecutors to reduce charges or penalties and defend your rights in court.
Can I Be Charged for Accidentally Damaging Property of Another Person?
Criminal damage requires proof that you acted recklessly or intentionally. If the damage was accidental and not due to reckless behavior, you may not be convicted under ARS § 13-1602. Your defense lawyer can argue lack of intent or recklessness to mitigate or dismiss the charges.
What Constitutes “Tampering” With Property Under § 13-1602?
Tampering involves interfering with property in a manner that substantially impairs its function or value. This could include disabling security systems, damaging vehicle engines, or impairing the functionality of a home’s utilities. Tampering with property without permission of the owner can lead to criminal charges.
What Happens if I Damage Utility Property?
Damaging utility property or intentionally tampering with it can escalate criminal damage to a Class 4 felony if the damage causes an imminent safety hazard or exceeds $5,000. Penalties for this type of damage are severe and can include lengthy prison sentences.
Can I Be Charged With Criminal Damage for Drawing Graffiti on Public Property?
Yes. Under ARS § 13-1602, drawing or inscribing a symbol, sign, or message on any public or private building without permission of the owner is considered criminal damage. The severity of the charge depends on the extent of the damage and associated costs.
What Happens If I’m Accused of Damaging a Vehicle?
Damaging a vehicle, whether by breaking windows, keying the exterior, or impairing its function, can result in a criminal damage charge. The penalties will vary based on the value of the damage, with higher costs potentially resulting in felony charges.
Contact a Criminal Defense Attorney From Kolsrud Law
If you are facing criminal damage charges in Arizona, having an experienced legal team on your side is crucial.
Josh Kolsrud and his team at Kolsrud Law have successfully defended thousands of clients in complex criminal cases. With over 3,500 cases and more than 100 jury trials, Josh brings a wealth of knowledge and proven trial experience to every case.
Contact Josh Kolsrud at Kolsrud Law Offices at (480) 680-9769 for personalized legal assistance.
An award-winning criminal defense attorney Since 2006
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