In Las Vegas and elsewhere in Nevada, state prosecutors and law enforcement take vandalism very seriously. Vandalism (also known as malicious mischief) is punishable by hefty fines, community service, loss of driving privileges, and even jail time if convicted.
Your lawyer could maintain that you lacked the intent to vandalize someone’s property if the damage was caused by accident or out of necessity due to unforeseen circumstances. In Las Vegas, for example, if one of your tires suddenly becomes deflated and you collide with a fence on a neighbor’s property, the chances of you being convicted for vandalism are slim since you never intended to harm the fence.
Criminal damaging of property refers to inflicting damage or destroying property belonging to someone else. In Nevada, maliciously destroying someone’s private property means purposely injuring or destroying it. Nevada does not distinguish between real and personal property when charging someone with this crime.
Felony Malicious Destruction of Private Property in Nevada: What Is It?
A felony malicious destruction of private property is when one destroys or injures another’s property in an unlawful manner. The value of the property makes it a felony crime. An individual charged with a felony is accused of causing at least $5,000 in property damage.
Can I Be Found Guilty if I Did Not Intend to Damage Property?
No. As far as Nevada is concerned, it is only a criminal act when someone willfully or maliciously destroys private property. To willfully destroy property means that the person injured or destroyed property on purpose. To maliciously destroy property means the person damaged the property with evil intent.
How Does Nevada Punish Malicious Destruction of Property?
The felony version of malicious destruction of property is a category C felony. The penalty for this crime is:
- One to five years in state prison
- $10,000 fine
- Both a fine and prison time
- Possible restitution to the victim
Is it Possible to Reduce My Felony Charge of Destroying Property to a Misdemeanor?
Ask a criminal lawyer if you can reduce your felony charge to a misdemeanor. Whether it is possible will depend on the circumstances.
Offenses Involving Graffiti
The penalty for defacing public or private property with graffiti (tagging) depends on the property’s value and whether a defendant has previously been convicted of graffiti.
It is a misdemeanor under NRS 206.335 to carry a graffiti implement (such as a spray can) with the intent to vandalize. There is a maximum fine of $1,000 and a maximum jail sentence of 6 months.
The property owners can also file civil lawsuits against defendants. In Nevada, courts can award plaintiffs treble damages (triple the damage done plus restoration costs), plus court costs and attorney fees.
It should be noted that the defendant may face criminal charges under NRS 206.125 if the defendant placed graffiti on a religious, burial, education, transportation, or community site. For more information, scroll down to the next section.
Land or Structure Damage Offenses Against the Public
There are five vandalism crimes that are classified as public offenses, which means the severity of the charges depends on the extent of the damage.
- Damage or destruction of property caused by unlawful assembly (NRS 206.01): When unlawfully assembled crowds destroy, damage, or destroy any dwelling house, shop, steamboat, vessel, or other building.
- Defendants must have acted willfully and maliciously in order to be found guilty of destruction or damage to crops, gardens, trees, or shrubs (NRS 206.015).
- The defendants must have acted willfully and maliciously to be convicted of injury to other real estate or personal property (NRS 206.310).
- Even if the damage is less than $25, causing a nuisance in a building or disturbing a peaceful assembly (NRS 206.140) is a misdemeanor.
- Removal, alteration, or destruction of monuments or landmarks designating boundaries (NRS 206.220): The defendant must have acted willfully and maliciously. There can never be a lesser offense than a misdemeanor, even if the damage is less than $25.
Misdemeanors
A misdemeanor property crime carries a maximum fine of $1,000 or six months in jail.
- In order to be convicted of entering a property with the intention of causing damage or destruction (NRS 206.040), the defendant must act maliciously and with willfulness. The circumstances must not amount to burglary (NRS 205.060).
- Removal, concealment, or destruction of real property with the intent to defraud a secured party (NRS 206.045): The secured party must suffer a pecuniary loss upon the foreclosure of the property.
- It is unlawful to remove petrified wood from a posted or designated site (NRS 206.320).
Gross Misdemeanors
Property damaged for the following purposes is a gross misdemeanor under NRS 206.125:
- A place of worship (such as a church, mosque, or synagogue),
- The burial or memorialization of the deceased,
- The education system,
- Vehicles or facilities used for transportation
- Centers for community development
The maximum penalty is 364 days in jail or $2,000 in fines. Moreover, the judge will order the defendant to pay restitution and a $250 administrative assessment fee. The court may also order counseling.
The defendant faces a civil lawsuit, where the court can award treble damages, attorney’s fees, and court costs under NRS 206.345.
Animal or Livestock Damage
Willfully and maliciously leading or driving away a horse is a misdemeanor under NRS 206.160. There are possible penalties of up to $1,000 in fines and six months in jail.
Under NRS 206.150, willfully and maliciously killing, maiming, disfiguring, or poisoning another person’s animal is a category D felony. A potential $15,000 fine may be added to a potential sentence of 1 to 4 years in prison.
Willfully and maliciously killing livestock or estraying without authority is a category C felony under NRS 206.150. A prison sentence of one to five years and a fine of up to $10,000 are possible penalties.
Damage to Signage
NRS 206.200 makes it a misdemeanor in Nevada to willfully, unlawfully, or maliciously either deface property by pasting a printed sign, poster, or advertisement without permission of the owner or a permit by the board of county commissioners. Penalties include up to $1,000 in fines or up to 6 months in jail.
NRS 206.300 makes it a more serious crime to endanger a vessel, railway, motor vehicle, or automobile by altering or removing any light or signal – or by exhibiting a false light or signal:
This would be a gross misdemeanor if the incident resulted in no property damage or physical injury. This carries up to $2,000 in fines or up to 364 days in jail. Otherwise, it is a category B felony, carrying 1 to 10 years in prison and possibly a $10,000 fine.
Damage to Papers
Depending on the offense, malicious mischief of certain papers can be a felony or a misdemeanor.
Should I Hire a Lawyer to Represent Me Against My Destruction of Property Charge?
Legal representation is essential when you are facing a felony. Contact a Nevada criminal lawyer immediately to determine available defenses and how to resolve this case.
Use LegalMatch to find the right Nevada criminal lawyer. Once you have a lawyer on your side, you can rest easy knowing that your legal issues are being handled.
