Property damage is generally charged as a misdemeanor in Missouri, unless the victim of the property damage was intentionally targeted as a protected class, including law enforcement and close relatives of law enforcement. For a free consultation with a Missouri criminal defense attorney, call The Law Offices of Benjamin Arnold at (913) 777-HELP, or visit us on the web at kcdui.com.
Elements of the Offense
A person commits property damage when they knowingly damage the property of another, or damages their own property with the intent of defrauding an insurer of the property. The value of the property and the status of the victim are taken into account when establishing the severity of the charge.
Knowingly damages the property of another
This is pretty straight forward- it is a crime to knowingly damage the property of someone else. It is not a crime to damage someone’s property on accident, but you may be subject to civil liability in the amount of the damages.
Or with the intent to defraud an insurer
Someone can actually be charged with property damage for damaging their own property, if the purpose of doing so was to defraud their insurer into paying out on a claim.
Severity of the Offense
As described above, there are two degrees of property damage which may be charged as either Class D, B or A Misdemeanors or Class E, D, or B Felonies. A Missouri criminal defense attorney may be able to convince the prosecution to reduce or drop the charges depending on the evidence against you.
Property damage in the second degree
Second degree property damage occurs when the damage is less than $750. It is charged as a Class B Misdemeanor unless the victim was targeted as a member of law enforcement or their close family, which would result in a Class A Misdemeanor. A Class B Misdemeanor is punishable by a maximum of six (6) months in jail and/ or a fine of up to $1,000, while a Class A Misdemeanor is punishable by up to a year in jail and a $2,000 fine.
Property damage in the first degree
Property damage is in the first degree if the damage exceeds $750. The reading of this statute becomes complex due to the enhancement of charges which will occur if the victim is intentionally targeted. For a better explanation, check out RSMo §569.100.
The Takeaway
Despite a grim outlook, it is not impossible to beat a property damage charge. A skilled Missouri criminal defense attorney may be able to find error on the part of police which may result in evidence being suppressed, or even the case being thrown out in its entirety. Even if neither of these results are possible, an a criminal defense attorney may be able to make a case for diversion or suspended imposition of sentence if the prosecution is convinced there is a risk of going to trial. A criminal charge is not the end of the world, but it can have lasting consequences and be a giant hassle if you do not address it properly and keep the court satisfied. If you have been arrested for a crime in Kansas City, it is in your best interests to act quickly and secure competent legal representation. For a free consultation from an affordable criminal defense attorney, contact The Law Offices of Benjamin Arnold by phone at (913) 777-HELP, by email at ben@kcdui.com, or by visiting kcdui.com for more information.
