{"id":5319,"date":"2011-06-28T11:19:27","date_gmt":"2011-06-28T18:19:27","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/?p=5319"},"modified":"2023-11-08T15:36:38","modified_gmt":"2023-11-08T22:36:38","slug":"criminal-damage-arizona-ars-13-602","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/criminal-defense-law\/blog\/criminal-damage-arizona-ars-13-602\/","title":{"rendered":"Criminal Damage in Arizona"},"content":{"rendered":"
Criminal damage, according to A.R.S. 13-1602<\/a>, is a property crime that may lead to fines, a permanent criminal record, and even time in jail or prison. Oftentimes, criminal damage crimes are charged in addition to (or as a byproduct of) other offenses, such as theft<\/a>.<\/p>\n Most criminal damage offenses require that the action was committed \u201crecklessly,\u201d meaning the offender was aware of and disregarded their responsibility to refrain from causing the damage. Certain factors escalate the crime to \u201caggravated criminal damage<\/a>,\u201d which comes with harsher penalties.<\/p>\n If you\u2019ve been accused of causing damage to property, you need to speak with a lawyer as soon as possible.<\/p>\n According to ARS 13-1602, you\u2019ve committed criminal damage if you\u2019ve done any of the following:<\/p>\n Criminal damage laws exist as a measure to prevent damage to public and private buildings and spaces. The offense may still occur, even if the property involved hasn\u2019t been significantly damaged. Any visual or physical impairment (that is proven to have been caused intentionally<\/a>) is sufficient for a criminal damage conviction.<\/p>\n Almost every type of criminal damage offense requires that the accused behaved in a reckless way. Recklessness means the person who committed the act was aware of and purposely disregarded an unjustifiable and substantial risk of the results that occurred. The risk involved must have been a gross deviation from behavior that a reasonable<\/a> individual would notice in that circumstance.<\/p>\n It\u2019s up to the state to prove that the defendant was acting in a reckless way when they committed the criminal damage or aggravated criminal damage offense.<\/p>\n In addition to protecting property and buildings from damage or destruction, criminal damage laws exist to help protect minority or religious groups against hate crimes and other similar acts. A criminal damage offense may escalate to \u201caggravated\u201d criminal damage if the property involved in the crime belongs to a cemetery, mortuary, church, or school.<\/p>\n Tampering with, defacing, or causing destruction to construction sites, agricultural property, or a structure designed to obtain recyclable metals also qualify as acts of aggravated<\/a> criminal damage.<\/p>\n The cost of equipment, material, and labor required to repair the damage will be considered when the dollar value is assessed for the destruction caused. Penalties for violating ARS 13-1602 will be decided according to the values found. If the property is worth up to $1,000, you may receive a misdemeanor<\/a> charge and spend up to half a year behind bars.<\/p>\n For criminal damage valued between $1,000 and $10,000, you might be looking at a felony charge and multiple years in prison. As with other crimes, having prior offenses on your record or committing multiple crimes at a time will increase the severity of your penalties.<\/p>\n To be guilty of criminal damage, you must have acted recklessly when you caused the destruction to the property in question. Since recklessness is a vague term that leaves plenty of room for legal interpretation, a lawyer may be able to demonstrate that you didn\u2019t behave recklessly as part of your defense.<\/p>\n This would require a thorough investigation of the components of the case, like eye-witness testimony and other relevant evidence. Another potential defense strategy is showing that you didn\u2019t actually cause the damage to the property.<\/p>\n Below are some of the most commonly asked questions related to criminal damage in Arizona:<\/p>\n A: Like criminal damage, other property crimes are also punished according to the value of the property or item that was stolen or damaged. The most common property crimes are extortion, arson, shoplifting, theft, larceny<\/a>, burglary, robbery, and criminal trespassing.<\/p>\nWhat to Keep in Mind About Criminal Damage in Arizona<\/h2>\n
\n
ARS 13-1602 and Criminal Damage Factors<\/h2>\n
\n
\u201cRecklessness\u201d According to Arizona Law<\/h2>\n
What is Aggravated Criminal Damage?<\/h2>\n
Penalties for Criminal Damage Offenses in Arizona<\/h2>\n
Possible Defenses for Criminal Damage in Arizona<\/h2>\n
Frequently Asked Questions on Criminal Damage<\/h2>\n
Q: What are some other common property crimes apart from criminal damage?<\/h4>\n
Q: How does arson impact the severity of a criminal damage charge?<\/h4>\n