Personal property includes anything other than land which may be subject to ownership. The main defining characteristic of personal property is that it can be moved. This is in contrast to real estate or real property, which is immovable.
There are two main categories of personal property, tangible and intangible. Tangible property is personal property which can be physically handled and may include:
- Clothes;
- Jewelry;
- Furniture; and
- Other items.
Intangible property includes property that cannot be physically handled and may include:
- Stocks;
- Trust fund accounts; and
- Other similar items.
In Nevada, an individual may be charged with destroying the property of another individual. The property may be personal property or real property.
What is Criminal Damage to Personal Property?
Criminal damage to personal property occurs when an individual intentionally causes damage to another individual’s property without their permission. Actions which constitute the crime of damage to property include the following:
- An individual knowingly engages in conduct that causes damage to another individual’s property;
- In some jurisdictions, if an individual damages the property of another by fire or explosion while acting in a reckless manner, it may qualify as criminal damage to property;
- In some states, knowingly starting a fire on land belonging to another individual qualifies as criminal damage to property;
- An individual knowingly injures a pet belonging to another;
- An individual damages property with the intent to collect insurance.
The crime of criminal damage to property is governed by state laws and varies by jurisdiction. In some jurisdictions, the offense of intentionally causing damage to the property of another individual is called malicious damage to property. However, it is essentially the same charge.
It is important to note that an important element of this charge is that an individual inflicts property damage knowingly and intentionally and the damage is not a result of negligence or recklessness. In some states, however, if severe damage is inflicted as a result of grossly negligent conduct, it may qualify.
The type of damage which may be inflicted on property varies as much as the types of property which can be damaged. Common forms 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.
Arson is a type of criminal damage to property which involves damage that is caused by a fire which is set intentionally or by the use of explosives. In the majority of states, however, arson is considered a much more serious crime than the general crime of damage to property.
Arson is typically charged as a felony. The penalties for this offense may include as much as 20 years in prison and criminal fines of up to $50,000. The penalty may vary depending on the extent of damage that was caused.
Can I Be Charged if I Did Not Mean to Damage Someone’s Property?
In order to be found guilty of malicious destruction of private property, an individual must willfully or maliciously injure or destroy the property of another. An individual who is accused of destroying the property of another will usually not be found guilty of the crime unless the prosecution is able to prove beyond a reasonable doubt that the crime was committed.
What Do “Willful” and “Malicious” Mean?
The term willful means acting intentionally to cause a certain outcome, such as damaging property. The term malicious means having evil intent. Therefore, an individual acting willfully and maliciously is acting intentionally and with evil intent.
What is the Penalty for Damaging Someone’s Property?
The crime of criminal damage to property is governed by state law. In most states, the penalties depend on whether the crime is charged as a misdemeanor or a felony.
Whether a crime is charged as a misdemeanor or felony is often dependent upon the cost to repair the damage done in the commission of the crime. It is important to note that states may utilize different language to identify a crime as well as different punishment schemes, but the basic premise of the offense is the same.
In Nevada, there are four categories for penalties for the crime of damaging another individual’s property:
- A fine;
- A misdemeanor;
- A gross misdemeanor; and
- A felony.
If the damage to the property is valued at less than $25, the punishment includes a $500 criminal fine and no jail time. It is important to note that jail time refers to time served in the city or county jail where a defendant was arrested. Prison time, on the other hand, is served in a state penitentiary facility.
Can I Go to Jail for a Misdemeanor Damaging Private Property Crime?
Yes, an individual can go to jail for a misdemeanor damaging private property crime. If the property damaged is valued at $25 or more and less than $250, the crime is classified as a misdemeanor. The punishment for a misdemeanor may include:
- Six months served in the county jail;
- Up to a $1,000 criminal fine; and
- A combination of criminal fines and county jail time.
Are There Any Defenses to Criminal Damage to Property Charges?
Yes, there are some defenses to criminal damage to property charges a defendant may be able to present. These include:
The claim of right defense may be available if an individual can show that the property actually belongs to them or that they have a valid right to the property. This allows them to avoid a conviction for destruction of the property. This is because only criminal damage to the property of another individual is a crime.
If an individual is able to prove that the circumstances of their situation required them to damage the property of another, they may be able to avoid conviction of the crime. For example, if an individual is driving and another vehicle is coming towards them in their lane, the only way to avoid a collision may be to run off the road and hit something, such as a tree. In this case, they will not likely be convicted of criminal damage to property.
An individual may be able to present a self-defense case if they damage or destroy the property of another while attempting to defend themselves. If, for example, an individual uses the property of another to defend themselves against an individual hitting them, they will likely not be convicted.
It is, of course, always possible for a defendant to argue that another individual is responsible for the criminal acts. In addition, an individual charged with a crime may argue that their actions were not intentional, but were only negligent or reckless.
Do I Need a Lawyer to Help Me with My Damaging Property Charge?
It is essential to have the assistance of a Nevada criminal lawyer if you are charged with damaging property. Although the charge may not seem as serious as other charges, jail time is a serious consequence.
Your attorney can review the facts and charges, determine if you are able to present any defenses, and represent you in court. Your attorney may also be able to negotiate a reduction in charges or a plea bargain. Not having an attorney may result in you having a permanent criminal record and spending time in jail.
