Criminal Damage in Arizona: ARS 13-1202
Learn about what criminal damage means in Arizona, and what you can expect if you're facing these charges in the Grand Canyon State.
Simply put, criminal damage under ARS 13-1602 is an illegal act against someone’s property. This means that even if no injury results from the crime, the offender could still end up with jail time, penalties, or time in prison.
Oftentimes, criminal damage happens at the same time as other crimes like burglary. For instance, breaking down someone’s door to steal something from their apartment could result in a criminal damage charge and burglary charge.
What Qualifies as Criminal Damage?
According to ARS 13-1602, this crime is committed when someone:
Recklessly damages or defaces someone else’s property.
Recklessly tampers with someone else’s property and impairs its value or function in a significant way.
Recklessly parks a vehicle and deprives livestock of their only reasonable access to water.
Recklessly inscribes or draws a symbol, sign, slogan, or message on a private or public building. This mark must be made without the owner’s consent and on any surface or structure besides the ground.
Recklessly damages or tampers with a utility property.
This means that graffiti, destroying mailboxes, throwing something through a window to break it, or angrily breaking someone’s property while in an argument all qualify as criminal damage. In addition, driving recklessly and causing damage in a car accident can count under ARS 13-1602.
What are the Consequences for Criminal Damage?
Criminal damage under ARS 13-1602 is a bit different from other crimes in that the penalties are based on how much value the property damage is. When the amount of property damage is being determined, the calculation includes labor costs, material costs, and other reasonable costs attributed to items used to repair or fix the property damage.
Punishment for the offender will vary based on the overall damage cost due to the crime. Let’s look a bit closer at the penalties based on value:
Class 2 Misdemeanor
If the property is worth less than $250, it’s a class 2 misdemeanor. The penalty for this could include up to four months in jail.
Class 1 Misdemeanor
This crime can result in a class 1 misdemeanor if the offender recklessly damages someone else’s property valued between $250 and $1,000.
Class 6 Felony
The crime will be a class 6 felony if the offender recklessly damages someone else’s property valued between $1,000 and $2,000. This charge could result in up to a year in jail.
Class 5 Felony
Criminal damage under ARS 13-1602 can result in a class 5 felony charge if the offender recklessly damages someone else’s property valued between $2,000 and $10,000. The charge is also a class 5 felony if the damage was caused to assist, further, or promote a criminal syndicate or gang for the purposes of intimidation. This charge often comes with up to a year and a half in prison or jail.
Class 4 Felony
This crime can lead to a class 4 felony if the accused recklessly damages a utility property valued at $5,000 or more. It also includes intentionally tampering with the property and causing a safety hazard to someone as a result. If the accused recklessly damages someone else’s personal property valued at $10,000 or more, it’s also a class 4 felony. This crime could result in two and a half years in prison for the offender.
Damaging One’s Own Property
Someone will most likely not be charged under ARS 13-1602 if they damaged property that was under their exclusive ownership. However, if it was community property or jointly owned, the damage could be considered damage to someone else’s property legally. For instance, if you break your own computer on purpose, you could get charged with this crime since it’s marital or community property.
Aggravated Criminal Damage
Utility damage, no matter how much it’s valued at, will be aggravated criminal damage under ARS 13-1604 and result in a class 4 felony. Aggravated criminal damage can result when someone damages a special or sacred property or structure such as a cemetery, school, or church. Aggravated criminal assault always has more serious penalties than ARS 13-1602.
Calculating Property Value
Let’s look at a bit closer at the way the property value of damaged areas or items is calculated. Damages include the amount it costs to repair or return the damaged items to their previous working condition.
For cases where the structure or object is damaged beyond repair, the cost will include the total amount for replacing the damaged item or structure. Here are some helpful definitions for understanding statute 13-1602:
Property
In this case, property qualifies as anything with value, besides a structure. This counts whether the item is intangible or tangible, private or public, personal or real, along with documents that signal ownership or value.
Damage
Damage qualifies as any visual or physical impairment on the surface of the object.
Structure
A structure is defined here as an aircraft, watercraft, vehicle, object, or building with a floor and sides that is used for storage purposes, recreation, transportation, business, or lodging.
Need help with a Criminal Damage charge in Arizona? Call us at (480) 651-8578 to speak to a criminal attorney for free.
To learn more about assault in Arizona and how it pertains to your specific charge or case, contact an attorney in your area that focuses on these types of charges. Often, you'll be able to schedule a free consultation with an attorney at no cost to you. You can also visit the Arizona Courts website or Arizona Revised Statutes to learn more.