Criminal damage in Arizona, much like in other jurisdictions, is a crime that involves the intentional damage, defacement, tampering, or destruction of property. Whether it’s the malicious breaking of someone’s windows, the defacement of a public building, or the vandalism of a car, such actions may be prosecuted under Arizona’s criminal damage laws. This article provides an overview of how criminal damage is defined and categorized in Arizona.

1. Statutory Definition

Arizona defines criminal damage under ARS 13-1602. According to the statute, a person commits criminal damage by recklessly:

• Damaging property of another person.
• Tampering with property of another person so as substantially to impair its function or value.
• Damaging utility property.
• Parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water.
• Drawing or inscribing a message, slogan, sign, or symbol that is made on any public or private building, structure, or surface, except the ground, and that is made without permission of the owner.

2. Classification and Penalties

The severity of the punishment for criminal damage in Arizona largely depends on the amount of damage caused. It ranges from a class 2 misdemeanor to a class 4 felony, with the penalties growing more severe as the damage amount increases. Here’s a breakdown:

• Class 4 Felony: If the damage is $10,000 or more; or if the damage is inflicted to promote, further or assist any criminal street gang or criminal syndicate with the intent to intimidate or in retaliation against any group or individual.
• Class 5 Felony: If the damage is $2,000 or more but less than $10,000; or if the damage causes an impairment of the functioning of any utility.
• Class 6 Felony: If the damage is $1,000 or more but less than $2,000.
• Class 1 Misdemeanor: If the damage is $250 or more but less than $1,000.
• Class 2 Misdemeanor: If the damage is less than $250.

3. Special Considerations

• Agricultural Production: If a person recklessly damages any agricultural property used in farming, or any animal or plant which is the subject of agricultural production, it can be considered criminal damage.
• Utility Properties: Tampering with utility property, such as water, gas, or electricity facilities, can have significant consequences for communities. Hence, the penalties are more severe for such offenses.

4. Defenses

Like with many offenses, there are potential defenses that can be used in response to criminal damage charges in Arizona. These may include, but aren’t limited to:

• Lack of Intent: The defendant did not act recklessly or intentionally.
• Mistaken Identity: The defendant is being wrongly accused of the crime.
• Consent: The defendant had permission from the property owner to alter or damage the property.

Conclusion

Understanding criminal damage and its implications is essential for both property owners and individuals who may face such charges. As with any legal matter, if you find yourself involved in a situation regarding criminal damage in Arizona, it’s advisable to seek legal counsel to ensure that your rights are protected.