FAQs - Criminal Damage
What is “criminal damage” in Arizona?
Allegations of defacing/damaging property, tampering so property is substantially impaired, utility/critical-infrastructure damage, or graffiti without permission — charged under A.R.S. § 13-1602.
Is criminal damage a misdemeanor or a felony?
It depends on the alleged dollar amount of damage and the type of property. Cases can range from misdemeanor to felony, with higher grades tied to larger valuations or utility/critical-infrastructure property.
How does the State calculate “damage value”?
Prosecutors often rely on repair or replacement estimates, depreciation, and photos/video. Those numbers can be challenged — pre-existing wear, betterment, and inflated bids are common issues.
Can I be charged if it’s “our” property or community property?
The statute targets property “of another.” In some situations — including shared/community property or items primarily in someone else’s possession — the State may still claim it qualifies. We examine ownership, possession, and consent.
Do accidents count?
Not if the State can’t prove the required mental state (often recklessness). Many cases turn on what you knew and what was foreseeable under the circumstances.
Can a criminal damage case carry a domestic-violence tag?
Yes — if a qualifying relationship exists under A.R.S. § 13-3601 (e.g., breaking a partner’s phone). DV tags bring added conditions and collateral effects.
What defenses apply most often?
Lack of intent/recklessness, ownership/permission issues, valuation disputes, no substantial impairment, misidentification, and evidence gaps (video, timestamps, tool marks).
Will this be on my record? Can it be fixed later?
A conviction creates a criminal record. Depending on the outcome, some clients later pursue set-aside relief; eligibility is case-specific.
Can these cases be reduced, diverted, or dismissed?
Sometimes — especially where valuation is weak, intent isn’t proven, or ownership/consent undermines the charge. Early, targeted negotiation helps.