Criminal Damage

Vandalism Charges Arizona

Criminal charges of property damage, such as vandalism, are divided into three categories: criminal damage generally, criminal littering or polluting, and aggravated criminal damage.

Under A.R.S. § 13-1602, a person commits criminal damage by:

  • Recklessly defacing or damaging the property of another person
  • Recklessly tampering with property of another person so substantially as to impair its function or value
  • Recklessly damaging the property of a utility
  • Recklessly parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water
  • Recklessly drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner
  • Intentionally tampering with utility property

Incidents of criminal damage range from class 2 misdemeanors to a class 4 felonies, depending on the circumstances of the crime.

  • Class 4 Felony: If the person recklessly damages property of another in an amount of $10,000 or more. Criminal damage is also a class 4 felony if the person either recklessly damages the property of a utility in an amount of $5,000 or more or if the person intentionally tampers with utility property and the damage causes an imminent safety hazard to any person.
  • Class 5 Felony: If the person either recklessly damages property of another in an amount of $2,000 or more but less than $10,000 or if the damage is inflicted to promote, further or assist any criminal street gang or criminal syndicate with the intent to intimidate.
  • Class 6 Felony: If the person recklessly damages property of another in an amount of $1,000 or more but less than $2,000.

The punishment for any felony depends on a variety of circumstances, including the facts of the case and previous criminal history.

Class 2 Misdemeanor: If the person recklessly damages property of another in an amount of more than $250 but less than $1,000. A class 1 misdemeanor has a maximum sentence of six months in jail, up to $2,500 in fines before surcharges, and up to three years of probation.

Criminal damage in all other cases is a class 2 misdemeanor. A class 2 misdemeanor carries a maximum sentence of four months in jail, up to $750 in fines before surcharges, and up to two years of probation. Facing criminal damage charges? Call us for a free consultation and representation you can trust!

Littering in Phoenix, Arizona

Under A.R.S. § 13-1603, a person commits criminal littering or polluting if the person without lawful authority does any of the following:

  • Throws, places, drops or permits to be dropped on public property or the property of another that is not a lawful dump any litter, destructive or injurious material that the person does not immediately remove
  • Discharges or permits to be discharged any sewage, oil products or other harmful substances into any waters or onto any shorelines within this state
  • Dumps any earth, soil, stones, ores or minerals on any land

Incidents of criminal littering range from class 2 misdemeanors to class 6 felonies, depending on the circumstances of the crime.

Criminal littering is a class 6 felony if the act is a knowing violation of subsection A in which the amouLIttering Charges Arizonant of litter or other prohibited
material or substance exceeds three hundred pounds in weight or one hundred cubic feet in volume or is done in any quantity for a commercial purpose. The punishment for any felony varies depending on the facts of the case and prior criminal history.

Criminal littering is a class 1 misdemeanor if the act is a knowing act of littering in which the amount of litter or prohibited material or substance is more than one hundred pounds in weight but less than three hundred pounds in weight or more than thirty-five cubic feet in volume but less than one hundred cubic feet in volume and is not done for a commercial purpose. A class 1 misdemeanor has a maximum sentence of six months in jail, up to $2,500 in fines before surcharges, and up to three years of probation.

Criminal littering in all other cases is a class 2 misdemeanor. A class 2 misdemeanor has a maximum sentence of four months in jail, up to $750 in fines before surcharges, and up to two years of probation.If you’ve been accused of littering, we can help. Contact us today.

 

Aggravated Criminal Damage

Under A.R.S. § 13-1604, a person commits aggravated criminal damage by intentionally or recklessly without the express permission of the owner:

  • Defacing, damaging or in any way changing the appearance of any building, structure, personal property or place used for worship or any religious purpose
  • Defacing or damaging any building, structure or place used as a school or as an educational facility
  • Defacing, damaging or tampering with any cemetery, mortuary or personal property of the cemetery or mortuary or other facility used for the purpose of burial or memorializing the dead
  • Defacing, damaging or tampering with any utility or agricultural infrastructure or property, construction site or existing structure for the purpose of obtaining nonferrous metals

Incidents of aggravated criminal littering range from class 6 felonies to class 3 felonies, depending on the circumstances of the crime.

If a person causes aggravated criminal damage to the property of another in an amount of $10,000 or more by vandalizing a religious structure, educational facility, or building associated with the preparation and memorialization of the dead, the crime is a class 4 felony. Doing the same to utility or agricultural infrastructure, construction site, or other existing structure used for obtaining metals is a class 3 felony.

If the person causes aggravated criminal damage to the property of another in an amount of $1,500 or more but less than $10,000 by vandalizing a religious structure, educational facility, or building associated with the preparation and memorialization of the dead, the crime is a class 5 felony. Doing the same to utility or agricultural infrastructure, construction site, or other existing structure used for obtaining metals is a class 6 felony.

In all other cases of aggravated criminal damage, vandalizing a religious structure, educational facility, or building associated with the preparation and memorialization of the dead, the crime is a class 6 felony. Doing the same to utility or agricultural infrastructure, construction site, or other existing structure used for obtaining metals is a class 5 felony.

Sentencing for any felony varies greatly on the facts of the case and prior criminal history. Aggravated criminal damage charges can be serious. Call us for a free consultation if you are facing vandalism or other criminal damage charges in Arizona.

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