Criminal offenses fall under two categories: crimes against a person and crimes against property. “Crimes against the person” refer to offenses that harm a person’s physical or mental well-being, such as homicide and sexual assault.
In contrast, “crimes against property” refers to when a victim’s property is stolen or destroyed. “Property crimes” or “offenses against property” are a broad category of crimes within criminal law that involve offenses that interfere with a person’s right to use or enjoy their real or personal property.
Are Property Crimes Felonies or Misdemeanors?
A felony is any criminal offense resulting in one year or longer in prison. Felonies involve violence and are considered harmful or dangerous to society.
Crimes that do not rise to a felony fall into two other categories: misdemeanors or citations. Misdemeanors can be punished with a fine or a stay in jail of less than one year, and citations can only be punished with a fine.
There is a fourth category of crime called a “wobbler.” Many property crimes fall into this category. A wobbler is a crime that can be charged as a misdemeanor or felony offense. The circumstances of a case will dictate what the defendant will be charged with. If the crime is nonviolent and the defendant did not harm anyone, the defendant will likely be charged with a misdemeanor.
On the other hand, if the crime is violent, the defendant is a repeat offender, or if they hurt someone during the commission of the crime, then the wobbler will more likely bring on felony-level charges. Concerning property crimes, if the value of the damage is low (e.g., less than $1,000), it will probably be charged as a misdemeanor. Over that amount, the defendant will be charged with a felony.
What are Property Crimes Involving Theft?
“Theft” is a broad term that is used to describe any instance of stealing, including:
- Larceny ..(e.g., stealing from someone’s house)
- Robbery (stealing directly from the victim – e.g., demanding someone’s wallet)
- Embezzlement (theft occurs when the defendant had the right to access someone else’s money or property but was supposed to return it and didn’t) and theft under false pretenses. Depending on the jurisdiction and the amount of property stolen, these offenses can be charged as felony offenses or misdemeanors.
- Fraud (when an individual misrepresents a material fact that they know to be false, with an intent to deceive another, and the victim loses money or property)
- Theft by False Pretenses (a blend of theft and embezzlement, “theft by false pretenses” is when someone lies to the victim about something like their intention to pay for the property)
Simply put, theft refers to taking someone else’s property with the intent to deprive them of that property permanently. The level of punishment will depend on the severity of the specific theft charges. For example, stealing a low-value item from a retail store will result in lesser charges and penalties than stealing someone’s vehicle. When someone uses weapons or force while perpetrating theft, this will also be charged as a more serious crime.
What are Structure Property Crimes?
Arson, burglary, and vandalism can all be classified as “structure crimes” since they are the kinds of offenses that cause damage to real property, as opposed to personal property. Like theft, structure crimes may also be charged as either felonies or misdemeanors, depending on the jurisdiction and the extent of the damage caused to the property involved.
Structure crimes include:
- Arson (and yes, a person can be convicted of burning their own property, e.g., for insurance money)
- Burglary (burglary occurs when someone enters someone else’s house to commit a crime. Theft is the most common crime, but it could be assault or arson)
- Breaking and Entering (breaking and entering is going into someone else’s house without permission. If the purpose of entering is to commit a crime, that’s burglary)
- Vandalism (damaging or destroying someone else’s property)
- Graffiti and Tagging (Graffiti is any writing, drawing, or symbol applied to any surface without the owner’s consent. Tagging is writing the person’s name or gang affiliation on someone else’s property)
What are Some Environmental Offenses That Can Be Considered Property Crimes?
An environmental offense is an illegal act that harms the environment or endangers the general public’s health. Environmental subjects, such as pollution, land use, building projects, and toxic substances, are regulated by state and federal laws. Local ordinances also further regulate zoning, planning, or other land use types.
In some cases, violating an environmental law may permit citizens to bring a civil lawsuit based on a claim of environmental harm or damage.
There are dozens of laws and regulations concerning the environment, both federal and state. There are numerous ways in which an individual or business may violate environmental laws. Common examples of environmental violations include:
- Burning garbage
- Illegal use of pesticides
- Illegal automobile emissions
- Illegal dumping of hazardous waste
- Failure to maintain a facility at levels legal for the environment
- Unpermitted industrial activity
- Destruction of, or damage to, wetlands
- Releasing particulates into the air
- Improperly removing or disposing of asbestos
What are Defenses to Property Crimes?
Depending on the nature of the case and the facts involved, a defendant may have some defenses available. Some common defenses to property crimes include mistakes, coercion, and public or private necessity:
- Necessity: It can sometimes be argued that the destruction of property is necessary under certain emergencies. For example, a person might need to break a window and enter a home to help someone escape a fire or other danger
- Coercion: It may be a defense if the defendant was forced to steal or damage property under the threat of harm, injury, or death
- Mistake: If you took something by mistake because you thought it was yours, that could be a defense to a theft-related crime.
Property crime defenses depend on each case’s facts and state laws.
Civil Remedies
In addition to criminal charges, the victim of a property crime may be able to sue the defendant for civil remedies (usually money). This can help them to recover any damages inflicted upon their real or personal property during the commission of the property crime.
Should I Hire a Lawyer to Help with Issues Involving Property Crimes?
If you have any questions or concerns or are facing charges that involve a property crime, you should consider speaking with a local criminal defense lawyer as soon as possible.
An experienced criminal defense lawyer will be able to help you to prepare your case, gather any supporting evidence, draft the necessary legal documents, and provide representation on your behalf in court.
A lawyer will also be able to determine whether any defenses are available against the charges. They can also make sure that your rights are being adequately protected.
A qualified lawyer can also represent you if someone sues you for damages caused by an alleged property crime. Property laws can be complex, but your attorney can keep you informed of your legal rights and options moving forward. If you have any specific questions or inquiries during the process, your lawyer can research the laws to inform you of your status.
