Lack of Intent, Insufficient Evidence, Mistaken Identity, Owner’s Consent, and Restitution. A motion to dismiss under Arizona Rule 16.4(b) may apply if charges lack legal grounds. A criminal damage lawyer can help explore your options.
In Arizona, criminal damage refers to intentionally damaging or defacing another person’s property without permission. Under A.R.S. § 13-1602, this crime can include actions like graffiti, breaking windows, slashing tires, or even altering public or private property in a way that reduces its value. The severity of the charge—whether it’s a misdemeanor or a felony—depends on the extent of the damage and the property involved. Penalties can include fines, restitution, community service, and even jail time.
In Arizona, a person commits criminal damage to property, if they recklessly:
Pursuant to A.R.S. § 13-1602, criminal damage is a misdemeanor if a person recklessly:
Pursuant to A.R.S. § 13-1602, felony criminal damage occurs if a person:
The punishment for criminal damage to property as a misdemeanor can range based on the facts of your case, the prosecuting agency, what store the items were stolen from and your judge. For the best evaluation of the penalties you are likely to face, contact an experienced criminal damage lawyer in Arizona.
SIDE NOTE: diversion or deferred prosecution agreements are common in many instances and allow for your case to be dismissed.
The maximum and minimum punishment that you can expect after a conviction for felony criminal damage depends on the type or felony for which you are convicted.
Criminal damage charges are often accompanied by an allegation of domestic violence. When a person is charged with a domestic violence offense, they will face all of the punishments of the underlying crime of criminal damage as well suffer additional consequences surrounding the domestic violence component.
These charges are often accompanied by charges of disorderly conduct or assault. When police are called to a domestic disturbance and one or more of the parties is unwilling to participate in the investigation, officers will often charge a person with criminal damage domestic violence if there is evidence that property was damaged during a domestic dispute. These charges can be very difficult for the State to substantiate and a positive defense outcome is likely when an experienced criminal damage lawyer is utilized.
Developing a solid defense strategy is paramount to getting your case dismissed or reduced. The defenses that you may want to raise will depend on the specific facts of your case. However, some of the more common defenses include:
This involves attacking the quality of the police’s investigation and the reliability of the evidence used against you. Your attorney should consider attacking what evidence was preserved and not preserved, the quality of the witnesses, the witness statements, the valuation of the items or services allegedly stolen, as well as the quality of the police reports and record keeping.
If you are charged with a crime on the basis of eyewitness identification, then you will want to look into attacking the eyewitness’s testimony. Eyewitness testimony has been shown to be one of the most unreliable types of evidence. Other times, suggestive photo lineups and mistaken identification in video leads to wrongful arrests.
If you were simply at the scene when a crime was being committed, then you may want to raise a mere presence defense. If you were merely present at the crime scene, then you did not have any criminal intent and did not take part in the crime.
Your attorney may also raise defenses by way of Constitutional legal challenges including: Miranda Violations, illegal search and seizure violations and right to counsel violations.
Because the Arizona criminal damage definition requires that the prosecution prove a specific dollar amount, you can often be successful in arguing a reduced value of the damage to a specific item.
Diversion agreements, or deferred prosecution agreements are plea agreements that allow your case to be dismissed after you have successfully completed some type of requirement such as repaying the value of the item, attending classes or completing community service.
For misdemeanor charges, there is a way for a person to engage in a civil compromise. Although often left unexplored, a misdemeanor compromise pursuant to A.R.S. § 13-3981 is an excellent way to avoid jail time, reduce fines and have your case dismissed.
Example. You are accused of graffiti on the wall of a private business. If the company agrees, you can simply pay money for the damage caused in exchange for the criminal case being dismissed. It is important to note, however, when you have been accused of a crime, you are generally forbidden from making contact with the victim (company). As such, misdemeanor compromises must be handled by an experienced criminal damage lawyer, judges or the victim advocate. Simply contacting the victim and asking to buy our way out of a crime may constitute witness tampering.
At Feldman and Royle, we understand that every case is different. We are a team of defense attorneys with experience handling both felony and misdemeanor criminal damage cases. We also have extensive experience litigating domestic violence cases as they pertain to criminal damage charges. Please contact us for a free consultation in order to further discuss the circumstances of your case and find out how we can help you.
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