In general, property crimes usually involve the theft or destruction of property that belongs to another person. A misdemeanor property crime typically results in criminal fines and possibly a short jail sentence.
If the property is more valuable, however, it may result in felony charges. Property crimes that are committed with a deadly weapon may also result in felony charges.
Victims of property crimes may also be able to seek civil remedies. They may be able to recover compensation for the damage that was caused to their personal or real property as a result of the property crime.
What Is Criminal Trespass?
Criminal trespass occurs when an individual enters upon the land or premises of another individual. This is a criminal offense because the perpetrator does not have a right to be on the other individual’s property.
Typically, criminal trespass does not involve damaging an individual’s property or interfering with their use of the property while they are on it. An individual who is accused of causing damage or interfering with the property owner’s rights may be charged with a variety of crimes, depending on the facts of each case.
One example of these crimes is criminal damage to property.
What Is Criminal Damage to Property?
The criminal offense of damage to property is committed when an individual intentionally causes damages to the property of another individual without permission from the owner. Specific examples of conduct that constitutes the crime of damage to property include:
- An individual knowingly engages in conduct that causes damage to another individual’s property;
- In some states, if an individual damages property by fire or explosion while acting in a reckless manner, this can qualify as criminal damage to property;
- In certain states, starting a fire knowingly on land belonging to another individual qualifies as criminal damage to property;
- An individual knowingly injures a pet belonging to another; and
- An individual damages property with an intent to collect an insurance payout.
Criminal damage to property is a state law matter, which means the law will vary by state. In certain states, intentionally causing damage to the property of another individual is referred to as the offense of malicious damage to property.
Essentially, however, it is the same offense. One important element of this crime is that an individual inflicts damage on the property knowingly and intentionally and the damage is not the result of recklessness or negligence.
In certain states, however, severe damage that is inflicted as a result of conduct that is grossly negligent may also qualify.
What Is Criminal Damage to Property in Georgia?
Criminal damage to property in Georgia involves any type of damage that deprives an individual of the right to use their property. Property damage may range from criminal mischief and vandalism to criminal tampering.
Are There Specific Types of Criminal Damage to Property?
The type of damage that may be inflicted on property varies depending on the type of property that may be damaged. Common examples of intentional damage or malicious damage include:
- Spray-painting another individual’s property with the intent to deface it;
- Egging an individual’s car or house;
- Keying the paint off of another individual’s car;
- Slashing the tires of another individual’s car;
- Doing wheelies on another individual’s front yard and ruining their lawn;
- Inflicting damage with hands or feet.
The criminal offense of arson is a category of criminal damage to property that involves damage caused by a fire that is set intentionally or by the use of explosives. In the majority of states, however, the criminal offense of arson is considered to be a much more serious crime than general criminal damage to property.
Arson is charged as a felony. The penalties an individual may face if convicted may include as many as 20 years in prison and criminal fines of up to $50,000, depending on the extent of the damage that was caused.
What Is Criminal Damage to Property in the First Degree?
In the State of Georgia, criminal damage to property occurs when an individual knowingly interferes with any property in a manner that endangers human life without possessing the authority to interfere.
In addition, it is a crime to knowing use force or violence to interfere with the operation of any system of:
- Public communication;
- Sewer;
- Public transportation;
- Drainage;
- Water supply;
- Power;
- Gas; or
- Other public utility services.
It is important to note that the interference must occur without authority. If an individual commits a less serious offense, they may face charges of criminal damage to property in the second degree.
What Is the Punishment for Criminal Damage to Property in the First Degree?
The criminal offense of criminal damage to property is governed by state laws. In the majority of states, the penalty will depend on whether the crime is charged as a misdemeanor or as a felony.
The cost to repair the damage that was done during the commission of the crime often determines whether it will be charged as a misdemeanor or a felony. In the State of Georgia, the criminal offense of criminal damage to property in the first degree is a felony.
This offense is punishable by one to ten years in prison in Georgia.
Are There Any Defenses to Criminal Damage to Property Charges?
There may be several available defenses to a criminal damage of property charge, including:
- Claim of right: If an individual is able to show that the property actually belongs to them or that they have some valid right to the property, they can avoid a conviction for destruction of property;
- Necessity: If an individual is able to show that the circumstances required them to damage the property of another, they can avoid conviction of the crime. For example, if an individual encounters someone who is driving toward them in the wrong lane of traffic and the only way to avoid a head on collision is to run off the road into a fence, they will probably not be charged or convicted of criminal damage to property; and
- Self-defense: If an individual damages or destroys another individual’s property while trying to defend themselves, then a claim of self-defense is available to the charge of criminal destruction of property.
It may always, of course, be possible for an individual who is accused of a crime to argue that another individual was responsible for the criminal act. In addition, an individual who is charged with a crime may argue that their actions were not intentional, but instead were only reckless or negligent.
Should I Contact a Lawyer about My Criminal Damaging Charge?
If you have been charged with any criminal offense in the State of Georgia, especially criminal damage to property in the first degree, it is important to consult with a Georgia criminal lawyer. Consulting with a lawyer about your criminal charge or charges will help you determine the best way to proceed.
Your lawyer may be able to negotiate a lesser misdemeanor charge on your behalf instead of having to face a more serious felony charge. Having a criminal record is never a positive thing so, if you are facing the prospect of having a criminal record, it is important to consult with an attorney.
If you are already involved in a criminal case, your lawyer can represent you during any pre-trial hearings and throughout your trial. Your changes of having the best possible outcome in your case increase if you have the assistance of a criminal defense attorney on your case.
