CRIMINAL DAMAGE LAWYER

Understanding Criminal Damage Laws in Arizona — and How We Help You

What’s charged (A.R.S. § 13-1602):

• Allegations can include defacing or damaging property, tampering with property so it’s substantially impaired, utility/critical-infrastructure damage, or graffiti without permission.

Misdemeanor vs. felony:

• Criminal Damage can be a misdemeanor or a felony depending on the alleged dollar amount of damage and the type of property (e.g., utilities/critical infrastructure).

What the State must prove:

• Property of another (or qualifying property such as utility/critical infrastructure), for example, someone else's phone.
• Mental state (often recklessly, sometimes intentionally/knowingly depending on the subsection)
• Value/extent of damage (the dollar figure used for grading)
• Causation & evidence (that your conduct, not something else, caused the damage)

Domestic violence tag (A.R.S. § 13-3601):

• If a qualifying relationship exists (spouse/partner, family/household), Criminal Damage can carry a DV designation — expect added conditions and collateral effects. See our Domestic Violence Defense.

Common defenses we use:

• No intent/recklessness (accident, lack of awareness, or lawful purpose)
• Ownership/permission (not “property of another,” consent, or shared/possessory rights)
• Valuation disputes (inflated estimates, pre-existing damage, betterment issues)
• No substantial impairment/inconvenience (for “tampering” prongs)
• Misidentification / unreliable witnesses (conflicts, missing video)
• Digital/forensic gaps (timestamps, metadata, tool-mark mismatch)
• DV tag not supported (no qualifying relationship or wrong person listed)

Penalties:

• Value-based grading:
• $10,000+ (or certain utility hazards): Class 4 felony
• $2,000–$9,999: Class 5 felony
• $1,000–$1,999: Class 6 felony
• $250–$999: Class 1 misdemeanor
• <$250: Class 2 misdemeanor
  
• Typical exposure:
• Felony (first-time, non-dangerous): Class 4: 1–3.75 yrs; Class 5: 0.5–2.5 yrs; Class 6: ~0.33–2 yrs (fines up to $150,000).
• Misdemeanors: Up to 6 or 4 months jail (Class 1/2), fines per class, probation up to 3/2 years.

Possible outcomes:

• Dismissals when proof problems exist
• Diversion (where available) or reduction to a lesser offense
• Negotiated restitution terms that minimize collateral fallout
• Afterward, depending on the result, potential set-aside relief

What to do right now:

• Don’t discuss the incident with anyone but your lawyer
• Preserve videos/photos, messages, repair invoices/estimates, and insurance notes
• Document condition of the property (before/after photos if available)
• Follow all release and no-contact conditions (especially in DV-tag cases)
• Get a defense plan moving quickly — early action creates better options

• And, if you are charged with Criminal Damage (domestic violence), Taylor Law Group is a 5-star Google reviewed domestic violence defense and criminal defense law firm.