Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-1602 and §13-1604 "Criminal Damage" occurs when a person "recklessly" or "intentionally" defaces, damages, or tampers with somebody's property as to substantially impair it's function or value. "Aggravated Criminal Damage" occurs when the Criminal Damage takes place at a place of worship, at a school or educational facility, or at a cemetery or mortuary (i.e., any place designed for the purpose of burying or memorializing the dead).
For "Aggravated Criminal Damage", if the amount of damage is $10,000.00 or more, this can be charged as a class four (4) felony. For a first offense class four (4) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of one (1) year to three and three quarters (3.75) years of incarceration. If the person has one (1) historical allegeable prior felony conviction, then the "prison only" range is two and one quarter (2.25) years to seven and one half (7.5) years of incarceration. If the person has two (2) historical allegeable prior felony convictions, then the "prison only" range is six (6) years to fifteen (15) years of incarceration.
If the amount of damage is $1500.00 or more but less than $10,000.00, then this can be charged as a class five (5) felony. For a first offense class five (5) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of six (6) months to two and one half (2.5) years in custody. If the person has one (1) historical allegeable prior felony conviction, then the "prison only" range is one (1) year to three and three quarters (3.75) years of incarceration. If the person has two (2) historical allegeable prior felony convictions then the "prison only" range can is three (3) years to seven and one half (7.5) years of incarceration.
If the amount is less than $1500.00, then this can be charged as a class six (6) felony. For a first offense a class six (6) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of four (4) months to two (2) years of incarceration. If the person has one (1) historical allegeable prior felony conviction, then the "prison only" range is nine (9) months to two and three quarters (2.75) years in prison. If the person has two (2) historical allegeable prior felony convictions, then the "prison only" range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.
For standard "Criminal Damage" (i.e., not " Aggravated Criminal Damage" cases), if the amount of damage is $10,000.00 or more, then the person can be charged with a class four (4) felony. For a first offense class four (4) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of one (1) year to three and three quarters (3.75) years of incarceration. If the person has one (1) historical allegeable prior felony conviction, then the "prison only" range is two and one quarter (2.25) years to seven and one half (7.5) years of incarceration. If the person has two (2) historical allegeable prior felony convictions, then the "prison only" range is six (6) years to fifteen (15) years of incarceration.
If the amount of damage is $2000.00 or more, but less than $10,000.00, then this can be charged as a class five (5) felony. For a first offense class five (5) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of six (6) months to two and one half (2.5) years in custody. If the person has one (1) historical allegeable prior felony conviction, then the "prison only" range is one (1) year to three and three quarters (3.75) years of incarceration. If the person has two (2) historical allegeable prior felony convictions then the "prison only" range can is three (3) years to seven and one half (7.5) years of incarceration.
If the Criminal Damage amount of loss is more than $250.00 but less than $2000.00, then this can be charged as a class six (6) felony. For a first offense a class six (6) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of four (4) months to two (2) years of incarceration. If the person has one (1) historical allegeable prior felony conviction, then the "prison only" range is nine (9) months to two and three quarters (2.75) years in prison. If the person has two (2) historical allegeable prior felony convictions, then the "prison only" range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.
If the amount is less than $250.00, this can be charged as a class two (2) misdemeanor. A class two (2) misdemeanor carries a range of punishment of probation and up to four (4) months in jail. Additionally, a fine of $750.00 plus 80% surcharges can be imposed.
Two (2) key defenses to Criminal Damage are "Lack of Intent" and "Lack of Criminal Recklessness". These are accomplished by demonstrating that a person did not "intentionally" cause damage or "recklessly" cause damage. For example, if somebody is merely in a car accident, then they should not be charged with Criminal Damage, even if their accident may have been deemed as "reckless", it still does not rise to the level of "criminal recklessness". In order to be criminally reckless, a person must have a "gross deviation from the standard of conduct that a reasonable person would observe in the same situation". It is important to demonstrate to the Prosecutor that although an item may have been damaged, it was done so accidentally.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon PLLC - www.cantorsimon.com
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Dismissed |
04/24/08 |
Aggravated DUI, Aggravated DWI |
Dismissed |
04/14/08 |
Aggravated Assault w/Gun |
Not Guilty |
04/04/08 |
DWI Only(.092 Breath) |
Not Guilty |
03/25/08 |
DWI (.099 Breath) |
Not Guilty |
03/24/08 |
Aggravated DUI, Aggravated DWI |
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