Feature Article
A recent study showed that, on average, property crimes accounted for 14.7% of all reported crimes in Arizona. One of the most common types of property crimes is destruction of property, which is defined under A.R.S. § 13-1602. In this article, we will explore what destruction of property means in Arizona law, the penalties for committing this crime, and potential defenses that can be used in court.
What is Destruction of Property?
According to Arizona law, destruction of property is defined as recklessly or intentionally damaging, defacing, or destroying any property belonging to another person or utility property. Utility property includes public or private property that provides essential services, such as electricity, gas, or water.
Examples of destruction of property include graffiti, breaking or damaging windows, slashing tires, and spray-painting buildings. Even tampering with utility equipment, such as cutting power or phone lines, can be considered destruction of property.
Penalties for Destruction of Property
The penalties for destruction of property in Arizona vary depending on the extent of the damage and the value of the property. If the damage is less than $1,000, it is considered a class 2 misdemeanor, which carries a maximum sentence of four months in jail and a $750 fine.
If the damage is between $1,000 and $2,000, it is considered a class 1 misdemeanor, which carries a maximum sentence of six months in jail and a $2,500 fine. If the damage is between $2,000 and $10,000, it is considered a class 6 felony, which carries a maximum sentence of two years in prison and a $150,000 fine.
If the damage is more than $10,000, it is considered a class 5 felony, which carries a maximum sentence of two and a half years in prison and a $150,000 fine. Additionally, if the person committing the crime has a prior conviction for destruction of property, the penalties could be much harsher.
Potential Defenses for Destruction of Property
As with any crime, there may be potential defenses that can be used in court to mitigate or dismiss charges. Some potential defenses for destruction of property include lack of intent, mistaken identity, consent from the property owner, and self-defense. It is important to note that the burden of proof is on the defendant to provide evidence of their defense.
Conclusion
Destruction of property is a serious crime in Arizona that can result in significant penalties. If you are facing charges for destruction of property, it is important to consult with an experienced criminal defense attorney who can help you understand the charges against you and develop a strong defense strategy.
Destruction of Property, Arizona Law
