Arizona Penalties For Criminal Damage

Learn what constitutes criminal damage to property in Arizona and the penalties assessed if you are convicted.

A heated argument or angry act of revenge that causes you to damage another person’s property could result in some severe consequences. You will have to pay for the damage you caused, and you could face criminal charges. Depending on the amount of damage, the value of the item damaged, and whether anyone was harmed due to your actions, you could face prison time. Each state has criminal laws that prohibit intentionally damaging another person's property. In Arizona, criminal damage to another’s property is not taken lightly.

What is Criminal Damage to Property?

Criminal damages are property crimes where someone intentionally or recklessly damages property belonging to someone else. It is also referred to as vandalism and can include graffiti and arson to buildings or vehicles. 

Criminal damage  is a broad category that can involve various forms of property damage. Depending on individual state laws, criminal property damage can include many different violations. Most state statutes define criminal damage as knowingly unauthorized trespassing or intentional activity that can:

• Reduce the value of private property;
• Endanger public safety; 
• Interfere with the operation of public utilities such as water; or
• Interfere with transportation, or sewage access

Criminal property damage crimes usually involve some risk of harm to human life.

Types of Criminal Damage

Many different types of violations are classified as criminal damage to property.  Details, and elements of proof may vary for each state. Still, some specific types of criminal property crimes include:

Criminal Mischief: This crime involves property damage, usually involving a particular dollar amount done in damage. Criminal punishments may depend on the amount of damage done to the property.

Criminal Tampering:  When a person intentionally interrupts or impairs public utility services, such as cutting power lines or blocking water supplies, they are involved in criminal tampering with someone’s property.

Use or Possession of a Noxious Substance:  Depositing or activating any offensive smelling substance onto another person’s property, land, or in a building is criminal damage. The act must occur without the owner’s authorization, and must be done to interfere with the use of the property.

Criminal Desecration: The defacement, destruction, or damage of any gravestone, tomb, monument, or another memorial for the deceased is criminal damage to property.

Aggravated Criminal Damage: A person commits aggravated criminal damage when they deface, damage, or tamper with any place used for worship, place used as a school, any cemetery, mortuary, any facility used for burial or memorial of the dead, or agricultural building or property, or any construction site, or any recycling site.

What is considered Criminal Damage in Arizona?

According to A.R.S. 13-1602, a person commits criminal damage by:

1. Recklessly defacing or damaging someone’s else’s property.
2. Recklessly tampering with another person’s property to substantially impair functioning or value.
3. Recklessly damaging property belonging to a utility.
4. Recklessly parking a vehicle in such a manner as to prevent livestock access to the only available water supply.
5. Recklessly drawing, inscribing a message, slogan, sign, or symbol on any public or private building, structure, or surface, except the ground without permission of the owner.
6. Intentionally tampering with utility property.

What evidence is necessary to convict someone of criminal damage?

To be convicted of criminal damage to property, the State must show that the defendant:

Knowingly committed Criminal damage to the property.

Acted recklessly, meaning they understood there was a risk in engaging in a specific act but carried it out regardless.

Valuation of the property that’s damaged is essential in determining the classification of the crime that is alleged. Most states required a written repair estimate.  If the damage is under $1,000, it is a misdemeanor.  If the value of the damage is $1,000 or more, it will be a felony charge. The class of felony depends on the dollar amount of the damage. 

Penalties for Criminal Damage in Arizona

Criminal damage carries penalties in Arizona as follows:

1. Class 4 felony. If the person recklessly damages another’s property in an amount of ten thousand dollars or more, they can receive a sentence of between 1.5 to 3 years in prison.
2. Class 4 felony. If a person recklessly damages a utility’s property in an amount of five thousand dollars or more, intentionally tampers with utility property, and the damage causes an imminent safety hazard to any person, they can be sentenced with between 1.5 to 3 years in prison.
3. Class 5 felony.If a person recklessly damages another’s property in an amount of between two thousand andten thousand dollars, or if damage is inflicted to promote, further, or assist any criminal street gang or criminal syndicate with the intent to intimidate, they can be sentenced with between 8 months and 2 years in prison.
4. Class 6 felony. If a person recklessly damages another’s property in an amount of between one thousand dollars and two thousand dollars, they can be sentenced with between 6 to 18 months in prison.
5. Class 1 misdemeanor. If the person recklessly damages another’s property in an amount of between two hundred fifty and one thousand dollars. Sentence of up to 6 months in jail and between $750 and $2,500 in fines.
6. 6. In all other cases, criminal damage is a Class 2 misdemeanor for which you can receive a sentence of up to 4 months in jail and $750 in fines.

Aggravated criminal damage carries the following penalties:

1. Class 3 felony for defacing or damaging or tampering with a utility or agricultural property, construction site, or recycling site.
2. Class 4 felony for defacing or damaging or tampering with a place of worship, school, or facility used for burial or memorializing the dead.
3. Class 5 felony for defacing or damaging or tampering with a place of worship, school, or facility used for burial or memorializing the dead causing between one thousand five hundred and ten thousand dollars in damages.
4. Class 6 felony for all other acts of aggravated criminal damage

A felony conviction has far-reaching consequences. In addition to monetary fines and restitution of damage and jail time, a conviction can prevent you from owning a firearm, obtaining credit, finding a job, or procuring housing.

If you have been charged with criminal damage, you should consult with a criminal defense lawyer. An experienced lawyer can evaluate the prosecution’s evidence against you, explain the potential consequences and your options, and protect your rights.