Criminal Damage Lawyer In Phoenix, AZ

Criminal Damage offenses in Arizona vary from a Class 2 misdemeanor to a Class 4 felony depending on the value of the damaged property. If you or a loved one has been arrested or charged with Criminal Damage in Arizona, it is important to have a qualified and experienced Criminal Damage defense attorney.  At Castillo Law, our attorneys are highly trained, experienced, and have successfully defended several clients in criminal damage cases.  In Arizona, the following law explains what criminal damage is, as well as the different levels of punishments:

Arizona’s Legal Definition of Criminal Damage

Arizona Revised Statute § 13-1602 provides that a person commits criminal damage by:

1. Recklessly defacing or damaging property of another person.
2. Recklessly tampering with property of another person so as substantially to impair its function or value.
3. Recklessly damaging property of a utility.
4. Recklessly parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water.
5. 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. For a violation of this section, in determining the amount of damage to property, damages include reasonable labor costs of any kind, reasonable material costs of any kind and any reasonable costs that are attributed to equipment that is used to abate or repair the damage to the property.
6. Intentionally tampering with utility property.

Arizona Revised Statute § 13-105 provides legal definitions of Recklessly and Intentionally:

“Intentionally” or “with the intent to” means, with respect to a result or to conduct described by a statute defining an offense, that a person’s objective is to cause that result or to engage in that conduct.

“Recklessly” means, with respect to a result or to a circumstance described by a statute defining an offense, that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard of such risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation. A person who creates such a risk but who is unaware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk.

Different Levels of Punishment in Arizona for Criminal Damage Offenses

Criminal damage is a class 4 felony if the person recklessly damages property of another in an amount of ten thousand dollars or more, OR if the person recklessly damages the property of a utility in an amount of five thousand dollars or more OR if the person intentionally tampers with utility property and the damage causes an imminent safety hazard to any person.

Criminal damage is a class 5 felony if the person recklessly damages property of another in an amount of two thousand dollars or more but less than ten thousand dollars or if the damage is inflicted to promote, further or assist any criminal street gang or criminal syndicate with the intent to intimidate and the person is not subject to paragraph 1 or 2 of this subsection.

Criminal damage is a class 6 felony if the person recklessly damages property of another in an amount of one thousand dollars or more but less than two thousand dollars.

Criminal damage is a class 1 misdemeanor if the person recklessly damages property of another in an amount of more than two hundred fifty dollars but less than one thousand dollars.

In all other cases, criminal damage is a class 2 misdemeanor.

The possible penalties for criminal damage felonies can include prison, jail, probation, classes, fines, restitution, or any combination of these. The possible penalties for criminal damage misdemeanors can include jail, probation, classes, fines, restitution, or any combination of these. Castillo Law Criminal Damage defense attorneys are well equipped to get the best outcome possible for you or your loved one facing a criminal damage charge in Arizona. Contact our office today for a free consultation by calling 602-795-6701.