Criminal Damage
Phoenix Criminal Damage cases take several forms and can be treated as a felony or a misdemeanor. If the property damaged was either a school, cemetery or place of religious worship, the crime will be charged as a felony regardless of the amount of damage caused. In most other cases, the severity of the offense is based solely on the repair costs. Phoenix Criminal Damage cases which are greater than $250 are charged as a felony.
Some Phoenix Criminal Damage charges involve a victim related to the defendant and are classified as a “domestic violence” charge, even though no force may have been used. Because the law in Arizona permits the prosecution to charge an individual with criminal damage so long as one other person possesses an interest in the property, you could be facing charges for essentially breaking your own property. Arizona is a community property state and most property purchased or acquired by either spouse during the marriage belongs to both spouses – regardless of who pays for it. Other times, the defendant and the victim will be unmarried but living together.
If both individuals’ names appear on the deed or lease agreement, the prosecution can charge the defendant with criminal damage for punching a hole in the wall or breaking a window, even if he alone pays the rent or mortgage. As a former domestic violence prosecutor, Phoenix Criminal Damage Lawyer Joshua S. Davidson understands how frustrating these types of cases can be for everyone involved and will endeavor to put his vast experience to work for you.
Under Arizona law, the prosecution is only required to show that the defendant acted “recklessly” when causing the criminal damage in Phoenix. Whenever an automobile accident occurs and the driver causes damage to another vehicle or a roadside structure, the prosecution may charge criminal damage if they have evidence to demonstrate that the driver was drunk, speeding, or otherwise acting recklessly when the accident occurred.
Graffiti cases are treated very harshly in Maricopa County. Most graffiti cases are charged against younger defendants with little or no prior criminal history. Notwithstanding that these young people have the most to lose by having a felony placed on their record, the Maricopa County Attorney’s Office seeks a felony in each of these cases as a matter of policy. Phoenix graffiti attorney Joshua S. Davidson has taken the prosecution head-on in these cases and helped numerous former clients avoid a felony from these charges.
Regardless of the particulars of your case, you should have an experienced Phoenix Criminal Damage Attorney fighting to protect your rights. At the Law Offices of Joshua S. Davidson, your case will be handled by an aggressive former prosecutor who will take the fight to the prosecution and make sure your rights are protected.
In addition to possible jail, prison time, restitution, probation and probation, a criminal conviction can forever tarnish your reputation. With so much hanging in the balance, you need a seasoned Phoenix Criminal Damage Lawyer like Joshua S. Davidson who is devoted to obtaining the best possible outcome in your criminal damage case.
We offer free consultations. No office visit required, we will get back to you within 24 hours.