MESA PHOENIX CRIMINAL DAMAGE DEFENSE ATTORNEY

• Defacing, damaging or in any way changing the appearance of any building, structure, personal property or place used for worship or any religious purpose;

 

• Defacing or damaging any building, structure or place used as a school or as an educational facility;

 

• Defacing, damaging or tampering with any cemetery, mortuary or personal property of the cemetery or mortuary or other facility used for the purpose of burial or memorializing the dead;

 

• Defacing, damaging or tampering with any utility or agricultural infrastructure or property, construction site or existing structure for the purpose of obtaining nonferrous metals.

 

Aggravated criminal damage in the amount of $10,000.00 or more is punishable as a Class 4 felony (1 to 3.75 years in prison) for the first three bullet points listed above and a Class 3 felony (2 to 8.75 years in prison) for the last bullet point listed above.  If the damage is $1,500.00 or more but less than $10,000.00, aggravated criminal damage is punishable as a Class 5 felony (.5 to 2.5 years in prison) for the first three bullet points and as a Class 4 felony (1 to 3.75 years in prison) for the last bullet point.  In all other cases, aggravated criminal damage is a Class 6 felony (.33 years to 2 years in prison) for the first three bullet points and a Class 5 felony (.5 to 2.5 years in prison) for the last bullet point.

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DEFENSES FOR CRIMINAL DAMAGE CHARGES IN ARIZONA

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The consequences for a charge of criminal damage or aggravated criminal damage are very fact-dependent.  Lisa will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply:

 

• Act described is not criminal damage or aggravated criminal damage:  The act described in the indictment may not fit the statutory definition of criminal damage or aggravated criminal damage.

 

• No intent to commit criminal damage or aggravated criminal damage: You may not have the intent necessary for the State to prove criminal damage or aggravated criminal damage beyond a reasonable doubt.

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• State’s witnesses are mistaken or lying about what happened.

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• Eyewitnesses:  You may have eyewitnesses who can testify about what happened.

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• Good character:  You may have witnesses who can testify that you have a good character.

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• Implausibility of State’s story:  The State’s story may be implausible based on the timeline or other evidence.

 

• Mistaken identity:  Someone else committed the criminal damage or aggravated criminal damage and you were mistakenly identified as the suspect.

 

• Dollar amount of damage is incorrect:  The State may have incorrectly computed the dollar amount of the criminal damage or aggravated criminal damage.

 

• Sentencing enhancements not applicable:  Sentencing enhancements such as dangerous nature of the offense, repetitive nature of the offense and/or crime committed while on probation or release do not necessarily apply just because the State claims that they do. 

 

• Missing or tainted evidence:  Sometimes the State’s evidence is missing or tainted. 

 

• Exclusion of State’s evidence:  The State may have violated your constitutional rights or otherwise acted illegally in obtaining evidence or your confession.

 

• Reduction in number of counts: Each count of your indictment should concern a separate criminal act or victim and not  be part of the same criminal damage or aggravated criminal damage. 

 

• Law enforcement misconduct:  There may be law enforcement misconduct in investigating the charge, collecting the evidence, interviewing the victim and witnesses, or obtaining your confession.

 

• Insufficiency of State’s evidence:  The State may have insufficient evidence to prove criminal damage or aggravated criminal damage beyond a reasonable doubt.

 

• Prosecutorial misconduct:  There may be prosecutorial misconduct in disclosing the evidence, interviewing victims and witnesses, and in the general course of your case.

 

• Possible other defenses:  Depending on the unique facts of your case, there may be other possible defenses.  Lisa thinks outside the box when defending your case so she may come up with a novel defense that no other attorney has thought of before.

 

If you or a loved one is facing a charge of criminal damage or aggravated criminal damage, it’s very important to hire a thorough, intelligent and passionate defense attorney who will fight for you as soon as possible.  Call LisaLaw, LLC or fill out the on-line form for a free case review.