Archive for the ‘Criminal Damage’ Category

First degree criminal trespass can be charged as a class 6 felony or a class 1 misdemeanor depending on the circumstances involved in the case. If you have questions or concerns about the possible consequences if convicted of first degree criminal trespass, contact Jeremy Geigle, JacksonWhite’s Phoenix criminal defense attorney. Jeremy can assess your case during a free and confidential consultation and provide you with possible defenses to the charges you face. Call Jeremy on his direct line at 480-818-9943 anytime, 24/7.

The consequences if convicted of aggravated criminal damage in Arizona can include a permanent criminal record, jail and/or prison time, restitution or other hefty fines. Offenders may also be required to perform community service or be placed on probation. Furthermore, a conviction for aggravated criminal damage can also cause problems for an offender in the future when they try to apply for jobs or higher education. To protect your future from the harsh consequences associated with aggravated criminal damage, turn to the Phoenix criminal defense attorneys at JacksonWhite. Our experienced team can assess your case during a free and confidential consultation, and provide you with answers to your questions and concerns. For more information, call 480-818-9943 immediately!

According to ARS 13-1602, a person commits criminal damage if they recklessly:

- Deface or damage property belonging to another person;

- Tamper with another person’s property in a way that substantially impairs that property’s function/value;

- Tamper or damage the property of a utility; or

- Draw or inscribe any type of message, slogan, sign or symbol on any public or private building, structure or surface, except the ground, without first obtaining permission from the owner.

Second degree burglary is considered a class 3 felony in Arizona. Under Arizona law, a class 3 felony is punishable by a term of 2.5 to 7 years in prison. ARS 13-1507 defines second degree burglary as the act of entering or remaining unlawfully in or on a residential structure with intentions to commit theft or any other type of felony crime. Charges for second degree burglary usually apply to a burglary crime that was committed in or on residential property, such as a home, condominium or apartment complex.

While the issues around secured creditors and mortgages are complex, the sad truth is most homes have mortgages in which the bank is a secured creditor. Removal of fixtures can be prosecuted under the Arizona criminal code with the theory that the removal of the fixtures causes devaluation of the home, thus hindering or preventing the sale of the home for its maximum value on the market.

Conversion requires the state to prove that someone knowingly used services or property of another for something other than what they were authorized to use it for. Therefore, if goods are placed in the hands of another for a specific purpose, and that person uses it for something unauthorized, then the crime of conversion can be pursued. Unlike traditional theft, Arizona removes the issue of “intent to deprive” from the statute, thereby easing the state’s burden of proof.

If you’ve been charged with criminal damage anywhere in the East Valley, you could face potentially serious consequences if you are not properly prepared for your defense in court. As a result, it is in your best interest to contact a Phoenix AZ criminal defense attorney who can assess your case in relation to Arizona law and help you understand your legal rights.

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