Arizona Criminal Damage Attorney

Legal Representation For Cases Involving A.R.S. § 13-1602 and A.R.S. § 13-1604

Top-Rated Property Damage Lawyers Near You

If you are a resident of Arizona and have been charged with criminal damage, you want to have the skilled defense lawyers from Tobin Law Office representing you. They have years of experience in the courtrooms and know all different kinds of defense strategies to use to get you a favorable ruling.

The first thing you need to do is contact us for a free no-pressure consultation. Our lawyers will hear the particulars of your case and then outline the best way to approach a trial. We charge very reasonable rates and will give you excellent representation.

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    Arizona’s Leading Property Damage Criminal Defense Lawyers

    What Qualifies As Criminal Damage Under Arizona Law?

    There are quite a few things that can qualify as criminal damage under Arizona Law. People who do things like damaging religious property, school property, cemeteries, and mortuaries. Those can be considered anywhere between a Class 6 and a Class 4 felony and one can be fined between $1,500 and more than $10,000 if found guilty. Other charges can be for things like damaging or tampering with construction, utility or agricultural sites. Those range between Class 5 and Class 3 and can carry fines between $1,500 and more than $10,000.

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    Aggressive Legal Representation to Face Property Damage Charges in Arizona

    Aggressive Legal Representation To Face Property Damage Charges Near You

    The lawyers at Tobin Law Office are ready to vigorously defend your rights if you have been charged with criminal damage. They will seek the lowest fine if you are found guilty, but will seek to prove your innocence. They will look at all aspects of the case and will read police reports and talk to witnesses. Their goal is to give you the best criminal defense in Arizona.

    Five-Star Rated Criminal Damage Lawyers In Arizona

    Classification & Penalties For Criminal Damage Charges

    Arizona’s criminal damage laws provide for a range of crime classifications and corresponding penalties. These depend on the property-value and property-type. When calculating property-value, the State considers the repair or replacement costs.

    “Less than $250 in damages: Class 2 Misdemeanor
    $250 to $999.99 in damages: Class 1 Misdemeanor
    $1,000 to $1,999.99 in damages: Class 6 Felony
    $2,000 to $9,999.99 in damages: Class 5 Felony
    $10,000 or more in damages: Class 4 Felony”

    “Less than $1500: Class 6 Felony
    $1500 to $9,999.99: Class 5 Felony
    More than $10,000: Class 4 Felony”
    “Less than $1500: Class 5 Felony
    $1500 to $9,999.99: Class 4 Felony
    $10,000 or more: Class 3 Felony”
    “Class 1 Misdemeanor: Up to 6 months jail, 3 years probation, and $4,575 in fines and surcharges. Restitution is normally ordered, unless already paid for by insurance.
    Class 2 Misdemeanor: Up to 4 months jail, 2 years probation, and $1372.50 in fines and surcharges. Restitution is normally ordered, unless already paid for by insurance.”
    “If you have no prior felony convictions, felony criminal damage is probation eligible, meaning the court can order probation or prison. When you have little criminal history, probation is usually granted; however, in ordering probation, the Court can still sentence up to one year in the county jail. Restitution for property damage is normally ordered, unless already paid for by insurance or Defendant.

    Class 3 Felony: If it’s your first felony offense: anywhere from probation to 8.75 years prison. If you have 1 prior felony, you may face up to 16.25 years prison. If you have two prior felonies, you may face up to 25 years prison. Additionally, you can be sentenced up to a $150,000 fine, plus surcharges.
    Class 4 Felony: If it’s your first felony offense: anywhere from probation to 3.75 years prison. If you have 1 prior felony, you may face up to 7.5 years prison. If you have two prior felonies, you may face up to 15 years prison. Additionally, you can be sentenced up to a $150,000 fine, plus surcharges.
    Class 5 Felony: If it’s your first felony offense, you face anywhere from probation to 2.5 years prison. If you have 1 prior felony, you may face up to 3.75 years prison. If you have two prior felonies, you may face up to 7.5 years prison. Additionally, you can be sentenced up to a $150,000 fine plus surcharges.
    Class 6 felony: If it’s your first felony offense, you face anywhere from probation to 2 years prison. If you have 1 prior felony, you may face up to 2.75 years prison. If you have two prior felony convictions, you may face up to 5.75 years prison. Additionally, you can be sentenced up to a $150,000 fine, plus surcharges.”

    Common Defenses To A Criminal Damage Charge

    Criminal Damage Defense: Lack of criminal act

    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.

    Criminal Damage Defense: Lack of Criminal Intent

    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.

    Criminal Damage Defense: Damage Value

    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.

    Criminal Damage Defense: Permission

    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.

    Criminal Damage Defense: Constitutional Violations

    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.

    Criminal Damage Defense: Recanting Victim

    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.

    Tobin Law Office Defends Clients in all Types of Property Damage Cases

    No matter what your situation in life is, the skilled lawyers at Tobin Law Office are ready to hear what your situation is and come up with the best defense for you. Their compassion is one reason why we consistently get excellent reviews from previous clients. Check out sites like Yelp! and Google Maps to see what they have to say. Then feel free to contact us for a consultation.

    Tobin Law Office Defends Clients in all Types of Property Damage Cases
    Criminal Damage Misdemeanor Charges In Arizona

    Criminal Damage Misdemeanor Charges

    “You can be charged with criminal damage, under A.R.S. § 13-1602, for any of the following:
    Defacing or damaging personal property
    Tampering with property as to substantially impair its function or value
    Parking a vehicle while blocking livestock’s access to water
    Graffiti (drawing a message, slogan, sign or symbol on property)
    Intentionally tampering with utility property”

    Felonies & Aggravated Criminal Damage Charges

    “Felony or aggravated criminal damage, under A.R.S. § 13-1604, for damages to certain types of property. Regardless of the property’s value, criminal damage will be charged as a felony in the following circumstances:
    Damaging property used for worship or religion.
    Damaging a school building or educational facility.
    Damaging property at a cemetery or mortuary.
    Damaging or tampering with a construction, utility, or agriculture site with the purpose of taking metals.”

    Blind Justice For Felonies & Aggravated Criminal Damage Charges

    Schedule A Confidential Property Damage Case Consultation In Arizona

    Are you being accused of damaging property? You deserve the best defense to clear your name of these charges. You can schedule a private consultation that will be completely confidential. Our excellent criminal defense attorneys will outline the best strategy. Once you bring us aboard, we will have a vested interest in terms of giving you the best defense. We will always fight for you.

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    Read Our Clients’ Testimonials

    Arizona Criminal Damage Attorneys With 5-Star Reviews
    I definitely give you the highest quality rating!

    “Thank you Timothy for restoring my faith in humanity and a trustworthy lawyer. Thank you for being proficient and professional with my very difficult case. I was amazed at how fast you got my case finished in such a short time and I only had to show up to court only once by choice. My husband and I thank you for helping us get our life on track. I definitely give you the highest quality rating.” —
    Lisi L.

    5 Star Rated Review
    Very Impressed!

    “Tim was very professional and responsive to the case and did everything to get the desired outcome. Was very impressed” — Phil W.

    5 Star Rated Review
    Do not hesitate to give him a call!

    “We could not be any more satisfied with how our case was handled by Tim Tobin and his staff. From day one we felt like we found the right person. Mr. Tobin is knowledgeable, responsive, and makes you feel at ease with how the process will progress. Everything went exactly as he explained, even though he could never guarantee 100% what the outcome would be when we got to court. The flat rate for “basic” services is very fair and worth every dollar as well. Do not hesitate to give him a call!” — Lorenzo E.

    5 Star Rated Review
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    Visit Our Arizona Property Damage Law Firm

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    Tobin Law Office

    1910 S Stapley Dr #221, Mesa, AZ 85204

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    Visit Tobin Law Office In Chandler Map
    Tobin Law Office

    3100 W Ray Rd #201, Chandler, AZ 85226

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    Frequently Asked Questions On Criminal Damage Cases

    Tobin Law Office provides an answer to the most commonly asked questions regarding criminal damage charges to private and commercial property. Don’t hesitate to contact us if you or a loved one is involved or accused of criminal charges in Arizona.

    Damages include the total aggregate cost of repair or replacement. In other words, how much it would costs to return the property to its previous condition. If repair isn’t possible, it’s calculated by the replacement cost.

    Anything, other than a structure, which has value, tangible or intangible, public or private, real or personal, including documents evidencing value or ownership.
    Any physical or visual impairment of any surface.
    Any building, object, vehicle, watercraft, aircraft or place with sides and a floor, used for lodging, business, transportation, recreation or storage.
    You shouldn’t be charged with criminal damage if you held exclusive ownership and title. Nevertheless, in cases involving spouses or community property, damage to any property can be deemed property of another person for criminal prosecution. For example, if you’re married, and intentionally break your own cell phone, you may be charged with criminal damage because it’s community or marital property.

    Get In Touch With Arizona’s #1 Personal Property Damage Lawyer

    Contact us for a Free and Confidential Consultation!

    We have successfully represented many clients in a wide variety of criminal damage cases, and we can help you too. If you have been charged with criminal damage, it is important to take immediate action to protect your rights and freedom. The sooner you contact us, the sooner we can begin working on your case. Call us today for a free consultation. We will review your case and advise you of your best options moving forward. Let us put our experience to work for you – call now!

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      Tobin Law Office
      3100 W Ray Rd #201
      Chandler, AZ 85226

      480-447-9877

      1910 S Stapley Dr #221
      Mesa, AZ 85204

      480-447-4837