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Taylor Law Group
CRIMINAL DAMAGE DEFENSE

Criminal Damage Defense in Tucson

Criminal damage charges in Arizona range from misdemeanors to felonies depending on the value of the property involved.

A.R.S. § 13-1602

Understanding the Charge

Under A.R.S. 13-1602, criminal damage occurs when a person recklessly defaces, damages, or tampers with the property of another, or recklessly damages the property of a utility. The charge classification depends on the dollar amount of the damage. Damage exceeding $10,000 is a Class 4 felony, damage between $2,000 and $10,000 is a Class 5 felony, damage between $250 and $2,000 is a Class 6 felony, and damage under $250 is a Class 2 misdemeanor.

Criminal damage is frequently charged in domestic violence situations where property is damaged during a dispute. It can also arise from incidents involving vehicles, buildings, landscaping, or personal belongings. The domestic violence designation adds mandatory counseling and other consequences to the underlying criminal damage penalties.

Potential Penalties

Under $250 (Class 2 Misdemeanor)Up to 4 months in jail, up to $750 in fines
$250-$2,000 (Class 6 Felony)4 months to 2 years prison
$2,000-$10,000 (Class 5 Felony)6 months to 2.5 years prison
Over $10,000 (Class 4 Felony)1.5 to 3.75 years prison

How Doug Defends

  • Challenging the alleged dollar amount of the damage, which determines the severity of the charge
  • Arguing that the damage was accidental rather than reckless, which negates the mental state required by the statute
  • Presenting evidence that the defendant had a property interest in the damaged item or had consent to use it

Doug Taylor understands that criminal damage cases, particularly those arising from domestic disputes, are often more nuanced than the initial police report suggests. He evaluates the full circumstances and challenges inflated damage estimates that can elevate a misdemeanor to a felony.

Douglas W. Taylor, Sr.Former Pima County Justice Court Judge

Criminal Damage Charges in Tucson?

The value of the damage determines your charge level. An experienced attorney can challenge the prosecution's valuation.

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