Understanding ARS Criminal Damage Penalties, Charges, and Legal Insights

1. Understanding ARS Criminal Damage: Penalties, Charges, and Legal Insights Introduction When it comes to property-related crimes in Arizona, criminal damage is one of the most common and serious offenses prosecuted under the Arizona Revised Statutes (ARS). Whether it’s intentional vandalism, reckless behavior, or damage caused during a DUI incident, the consequences can be severe. This guide helps you understand what ARS criminal damage means, its penalties, and how it connects with other offenses like DUI under Arizona law. What Is ARS Criminal Damage? Under ARS 13-1602, a person commits criminal damage when they recklessly or intentionally cause damage to another person’s property. This includes acts such as vandalism, graffiti, destruction of public property, or damaging utility systems. In simpler terms, if you damage property that does not belong to you—whether intentionally or by acting recklessly—you could face criminal charges in Arizona. Common examples include: Keying or scratching someone’s car. Breaking windows or damaging doors during an argument. Damaging street signs or government property.

2. Destroying rental property or furnishings. Running into property while driving under the influence. Depending on the value of the damage and the circumstances, this crime can be charged as either a misdemeanor or a felony. ARS Criminal Damage Explained: Key Elements To convict someone of criminal damage under ARS 13-1602, prosecutors must prove specific elements beyond a reasonable doubt. These include: Action: The person damaged, defaced, or tampered with property. Ownership: The property belonged to another person, public agency, or company. Intent or Recklessness: The act was intentional or done recklessly, not by accident. Value of Damage: The extent of damage determines the severity of the charge. If property damage occurs during a DUI crash, the penalties may also include additional charges based on Arizona’s DUI laws. Levels of Criminal Damage in Arizona The penalties for ARS criminal damage depend on the monetary value of the property damage. Here’s how Arizona classifies the offense: Class 4 Felony: Damage of $10,000 or more or damage that causes major disruption to public services such as utilities, water, or communication lines. Class 5 Felony: Damage between $2,000 and $10,000. Class 6 Felony: Damage between $1,000 and $2,000. Class 1 Misdemeanor: Damage of $250 to $1,000. Class 2 Misdemeanor: Damage less than $250. Felony charges carry prison time, probation, and heavy fines, while misdemeanors can lead to jail time, community service, or restitution payments to the victim. Criminal Damage and DUI: How They Connect While criminal damage typically involves vandalism or destruction, it can also occur alongside DUI offenses. For instance, if a person drives under the influence and crashes into another vehicle, building, or public property, they can be charged with both DUI and criminal damage.

3. In such cases, penalties are determined not only by ARS 13-1602 but also by DUI laws outlined under ARS 28-1381 and ARS 28-1383. The combination of both offenses can result in severe consequences, including felony charges, jail time, and loss of driving privileges. Why Legal Representation Matters Being charged under ARS criminal damage or facing DUI-related penalties can be life-changing. These cases often involve complex evidence, property assessments, and multiple charges. A knowledgeable attorney can: Analyze whether your conduct met the “reckless” or “intentional” requirement. Challenge witness statements or valuation reports. Negotiate plea deals to reduce charges from felony to misdemeanor. Protect your rights throughout police investigations and court proceedings. If your case involves both criminal damage and DUI, your lawyer can use the Arizona DUI penalty chart to assess possible outcomes and argue for reduced sentencing or diversion programs. Final Thoughts Arizona takes property damage and DUI offenses very seriously. Under ARS criminal damage, even minor acts of vandalism or reckless driving that lead to destruction can result in harsh penalties. When combined with DUI charges, the consequences multiply—ranging from heavy fines to long- term imprisonment. If you’re facing charges related to ARS criminal damage or DUI, seek immediate legal help. An experienced Arizona criminal defense attorney can explain your rights, guide you through the court process, and work toward the best possible resolution for your case.