Malicious Destruction of Property – Plymouth Lawyer
The charge of Malicious Destruction of Property can be either a misdemeanor or felony offense in the state of Michigan.
What is Malicious Destruction of Property?
In order to be convicted of Malicious Destruction of Property, it is the prosecutor’s burden to prove beyond a reasonable doubt that you committed all elements of the offense. The prosecutor must prove you willfully or maliciously destroyed or injured the property of another. The destruction of property includes: burning of personal property, willfully and maliciously setting fire to property or willfully and maliciously destructing the property.
What are the Penalties for Malicious Destruction of Property?
To determine the penalties a person could face when being charged with this offense depends on the value of the property destroyed.
For a misdemeanor charge, if the value of the property was:
- Less than $200 in value à a. Up to 93 days in jail
b. Up to $500 in fines or 3 times the value of the property, whichever is greater
c. Community Service
2. Between $200 and $100 in value à a. Up to 1 year in prison
b. Up to $2000 in fines or 3 times the value of the property, whichever is greater
c. Community Service
For a felony charge, if the value of the property was:
- Between $1000 and $20,000 in value à a. Up to 5 years in prison
b. Up to $10,000 in fines or 3 times the value of the property, whichever is greater
c. Community Service
2. More than $20,000 in value à a. Up to 10 years in prison
b. Up to $15,000 in fines or 3 times the value of the
property, whichever is greater
What are Defenses for the Malicious Destruction of Property?
- The destruction of property was an accident. MDOP is a specific intent crime so if the person did not intend to cause damage they are not guilty. The person who did the damage is accident prone or was negligent.
- The person accused didn’t actually do the destruction (identification issues).
If you have other charges that are related to the malicious destruction of property it could result in harsher penalties. If you have been charged with the Malicious Destruction of Property or any related offense in the state of Michigan, please call Plymouth lawyer Aaron J. Boria at (734)-453-7806.
Aaron J. Boria, PLLC is a Plymouth based law firm that has been going strong for years obtaining results other lawyers simply cannot.
