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Day 46: What Constitutes Criminal Damage in Arizona?

What Constitutes Criminal Damage in Arizona?

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

5.0 · Criminal Defense

Criminal damage in Arizona covers everything from a scratched car to a torched building, with penalties tied directly to dollar value—here’s how the charge is scaled.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

★★★★★ 5.0 · Criminal Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC.

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What Constitutes Criminal Damage in Arizona?

Arizona, a state known for its breathtaking landscapes, from the vast Sonoran Desert to the iconic Grand Canyon, also has a rich body of law to protect both private and public properties within its borders. One of the most pivotal legal elements is the concept of “Criminal Damage.” This blog delves deep into the intricacies of what constitutes criminal damage in Arizona and how it is approached in the state’s legal system.1

Defining Criminal Damage in Arizona:

At its core, criminal damage in Arizona refers to the reckless defacing, damaging, or tampering of another person’s property without their permission. But it isn’t limited to just that. The broadness of the term also covers the reckless burning of wildlands, graffiti, and even actions that can impair the functioning of any property without actually damaging it.Under Arizona Revised Statute § 13-1602, criminal damage could be charged if someone:

  • Recklessly defaces or damages someone else’s property.
  • Recklessly tampers with someone else’s property, so it becomes a danger to people or property.
  • Recklessly makes markings, inscriptions, slogans, drawings or paintings on another’s property.
  • Recklessly burns wildland areas.

2

The Spectrum of Criminal Damage:

The gravity of the charge and its subsequent consequences largely depend on the amount of damage done:

  • Less than $250: Considered a class 2 misdemeanor, this can carry a penalty of up to four months in jail.
  • $250 to $1,000: Elevated to a class 1 misdemeanor, the maximum penalty is six months in jail.
  • $1,000 to $2,000: This range is considered a class 6 felony with possible imprisonment between 4 months to 2 years.
  • $2,000 and above: The crime is elevated to a class 5 felony, which can result in imprisonment ranging from 6 months to 2.5 years.

3

Criminal Damage in Specific Situations:

Certain situations make criminal damage more nuanced. For instance:

  • Utility infrastructure: Damaging utility lines not only poses a direct threat to properties but can also compromise safety on a broader scale. Therefore, tampering with utility infrastructure might be treated with stricter penalties.
  • Religious properties: If a property primarily used for religious worship is defaced, the damages, irrespective of the cost, are automatically categorized under the class 5 felony.

4

Defense Against Criminal Damage Charges:

Being charged with criminal damage in Arizona doesn’t automatically equate to guilt. Several defenses can be employed, such as:

  • Lack of intent: One of the core components of criminal damage is the element of “recklessness.” If the damage was genuinely accidental, it might not qualify as criminal damage.
  • Permission: If you had permission to alter or affect the property, it’s a valid defense.
  • Property ownership: If the property in question was partially or wholly owned by the accused, they might have a valid claim against the charges.

5

Beyond the Law – Social and Personal Repercussions:

Beyond the immediate legal consequences, being convicted of criminal damage can also have long-lasting personal and social implications. This can range from strained personal relationships, difficulty in obtaining certain jobs, to challenges in securing housing or loans due to a tarnished criminal record.

In Conclusion:

Criminal damage, as interpreted by Arizona law, covers a wide spectrum of actions and intents, each carrying its unique set of repercussions. As intricate as the legalities surrounding it might seem, understanding these nuances can go a long way in protecting your rights.If you or someone you know is faced with charges related to criminal damage or have queries regarding the same, the experienced legal team at Tamou Law Group PLLC is here to help. With an in-depth understanding of Arizona’s legal landscape, we offer guidance tailored to your unique situation.Contact Tamou Law at 623-321-4699 for consultation and let us be your beacon through Arizona’s legal maze.

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Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.

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Why Tamou Law Group

Why Tamou Law Group for Theft and Property Crime Charges

Theft, burglary, trespass and criminal damage cases turn on intent and permission, and both are usually proved with inferences rather than facts. We supply the facts: the lending history, the messages, the store video and the timeline.

Diversion where most firms plead

Our published results include diversion on an unlawful use of means of transportation case, a second-degree burglary case and a shoplifting case, burglary-tools and stolen-property charges reduced to misdemeanors, and a criminal damage case dismissed.

Former prosecutors on intent

Attorneys on our team have charged theft and property cases for the State. They know how a charging prosecutor evaluates intent and value, and what a defense submission has to contain to change the charge before it is filed.

Felony to misdemeanor

Most theft and property charges have a misdemeanor or an undesignated class 6 version. We build the case toward that outcome from the first appearance, because the designation, not the sentence, is what follows you.

Published results in this area

  • State v. T.J., Unlawful use of means of transportation and theft (A.R.S. 13-1803, 13-1802): Diversion
  • State v. J.H., Second-degree burglary, criminal damage and theft (13-1507, 13-1602, 13-1802): Diversion
  • State v. S.Q., Shoplifting and criminal trespass (13-1805, 13-1502): Diversion
  • State v. H.S., Third-degree burglary and possession of burglary tools (13-1506, 13-1505): Reduced to a misdemeanor
  • State v. V.D., Trafficking in stolen property, theft and forgery (13-2307, 13-1802, 13-2002): Reduced to a misdemeanor
  • State v. C.T., Criminal damage and disorderly conduct (13-1602, 13-2904): Case dismissed
  • State v. A.B., Criminal trespass and disorderly conduct (13-1502, 13-2904): Deferred prosecution

Anonymized outcomes from our case results page. Every case is different; past results do not guarantee a future outcome.

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Common Questions

Frequently Asked Questions

What counts as criminal damage under Arizona law?

Criminal damage under A.R.S. 13-1602 means recklessly defacing, damaging, or tampering with another person’s property, drawing graffiti, damaging utility property, or recklessly burning wildlands. The state must prove you acted recklessly, not merely that property was harmed, and penalties scale with the dollar value of the damage.

Is criminal damage a felony or misdemeanor in Arizona?

Criminal damage is a misdemeanor when the damage is under $1,000 and a felony at $1,000 or more, ranging from a class 6 felony up to a class 4 felony for damage of $10,000 or more. Utility property damage above $5,000 is also charged as a class 4 felony.

Can criminal damage charges be dropped in Arizona?

Yes, criminal damage charges in Arizona can be dropped or dismissed, often when the state cannot prove recklessness, the damage was accidental, or you had permission or an ownership interest in the property. Prosecutors also dismiss or divert many cases after restitution is paid to the property owner.

Is criminal damage a bailable offense in Arizona?

Yes, criminal damage is a bailable offense in Arizona, and most people arrested for it are released on their own recognizance or on a bond set at the initial appearance. Only a narrow set of serious felonies is non-bondable in Arizona, and criminal damage is not among them.

How much jail time can you get for criminal damage in Arizona?

Misdemeanor criminal damage in Arizona carries up to four months in jail for damage under $250 and up to six months for damage between $250 and $1,000. Felony criminal damage of $1,000 or more can bring prison terms ranging from several months to nearly four years, depending on the class.

Does graffiti count as criminal damage in Arizona?

Yes, graffiti counts as criminal damage under A.R.S. 13-1602, which covers recklessly making marks, inscriptions, slogans, or drawings on someone else’s property. The charge level tracks the cost to repair or restore the surface, and tagging a church, school, or cemetery can be charged as aggravated criminal damage, a felony.

Can you be charged with criminal damage for an accident in Arizona?

No, purely accidental damage is not criminal damage in Arizona because A.R.S. 13-1602 requires that you acted recklessly, meaning you consciously disregarded a substantial risk of harm. Prosecutors sometimes overcharge accidents, so proving the damage was a genuine mistake is one of the strongest defenses available.

How long does a criminal damage conviction stay on your record in Arizona?

A criminal damage conviction stays on your Arizona record permanently unless you obtain a set-aside or petition to seal the case under A.R.S. 13-911 after the waiting period. Because a record can affect jobs, housing, and licensing, fighting the charge early matters, and Tamou Law Group can help. Call 623-321-4699, 24/7.

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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.

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