Arizona Criminal Damage Attorney

Lack of criminal act:

Charges can be fabricated or exaggerated. There’s a variety of motives at play-especially in domestic settings. Additionally, any alcohol or drug abuse can also play a part in false accusations. There are many reasons someone might call the police to fabricate or exaggerate a property damage claim.

Lack of Criminal Intent:

In a criminal damage prosecution, a Defendant must have intentionally or recklessly cause the damage. At a minimum, the Defendant must have caused damage while acting in a way that was a gross deviation from how a reasonable person would have acted in the same situation. The statute doesn’t criminalize accidental or negligent acts.

Damage Value:

The State will try to prosecute Defendants under the most severe criminal damage allegation; nevertheless, the State must prove, beyond a reasonable doubt, the amount of damages; and further, must demonstrate the method it used to calculate that amount. A Defendant can present evidence of what he believes is a more reasonable damages calculation, and the jury can determine and calculate the actual amount of amount of damages. This is a valuable defense because it can reduce the severity of the charge, which reduces the applicable penalties.

Permission:

The State must prove that a Defendant didn’t have permission to damage the property. While this can often be inferred from damage caused in acts of anger or violence, the State must establish that the victim didn’t give permission. The absence of a property owner’s permission is a necessary and implicit element of the crime. State v. Moran (App. Div.1 1989). For example, if a property owner asks her friend to break open her piggy bank to get the coins out, there’s no criminal damage. A victim must testify that the Defendant didn’t have permission.

Constitutional Violations:

Right to counsel, Miranda, unlawful search and seizure, lack of probable cause, and lack of reasonable suspicion are all viable issues that can be raised when warranted.

Recanting Victim:

This isn’t technically a defense; nevertheless, a victim who’s not cooperative with the State, or wants the charges dropped, creates an obstacle in the prosecutor’s case. The prosecutor can still try to force the victim to appear by serving a subpoena. If a victim fails to show to court, despite being served, the victim can technically be charged with contempt or failure to appear.