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Criminal Damage Attorney in Phoenix, Arizona
Are You Charged With Criminal Damage?
Criminal damage is a crime against property. You can be charged with criminal damage for various reasons.
A.R.S. 13-1602 states a person commits criminal damage by:
Recklessly defacing or damage property of another person.
Recklessly tampering with property of another person so as substantially to impair its function or value.
Recklessly damaging property of a utility.
Recklessly parking any vehicle in such a manger 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.
What Does Recklessly Mean?
Recklessly is defined as with respect to a result or circumstance describe by statute, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstances exist. The risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
Criminal damage is punished based on the dollar value of the damaged property. The value will be calculated based on labor, materials, and the equipment needed for the repair.
Class 4 felony - $10,000 or more or $5,000 or more if person damages property of a utility and the damage causes an imminent safety hazard to any person.
Class 5 felony - $2,000 to $10,000
Class 6 felony - $1,000 to $2,000
Class 1 misdemeanor - $250-$1,0000
Class 2 misdemeanor – Less than $250
Felony Sentencing Chart in Years
The “P” in the middle stands for presumptive term, which is where a sentencing judge will start. To the left of the Presumptive term is the MIT (Mitigated) and MIN (Minimum). TO the right of the Presumptive is MAX (Maximum) and AGG (Aggravated). The sentencing judge has discretion on whether to sentence above or below the presumptive term.
Misdemeanor Sentencing Chart
If you or someone you know has been charged with Criminal Damage, contact our office today to schedule a complimentary case evaluation.