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Criminal Damage Attorney Tucson

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Arizona Criminal Damage Attorney

Being charged with criminal damage isn’t good. With a good Tucson criminal defense attorney , you greatly increase the chances of avoiding felony conviction, jail, and years in prison. A criminal damage attorney will properly represent you when charged in such a manner, moving to have such charges reduced towards a more desired outcome. 

In and around Tucson, good criminal damage attorneys can help reduce the stresses petty legal disputes can cause. If you or someone you know has been charged with defacing a private building, attempting to substantially impair someone’s public or private building, or just attempting to damage property, contact us. It’s completely confidential.

Classification and Penalties for Criminal Damage Charges

Since Arizona is a “community property state,” spouses co-own everything. As a result, criminal damage and domestic violence charges are often levied in tandem. The state brings domestic violence charges because the co-ownership moves the dispute into the domestic violence arena. A Tucson domestic violence attorney can be useful if you’ve been charged. 

AZ Penalties for Criminal Damage Convictions:

Felony criminal damage convictions range from 24 to 33 months in prison, with fines up to $150,000, and three to four years probation. Misdemeanor convictions net four to six months in jail, fines from $750 to $2,500, and probation from 24 to 36 months.

Penalties for criminal damage are classified by the value of the damaged property. See the list below:

  • Class 4 felony- $10,000 or more
  • Class 4 felony- (a utility property valued) $5,000 or more, or damage that creates an imminent safety hazard
  • Class 5 felony- $2,000-$10,000
  • Class 6 felony – $1000,-$2,000
  • Class 1 misdemeanor- $250-$1000
  • Class 2 misdemeanor- $250 or less

Criminal charges that are felony offenses stem not from damaging the property of another person, but from community property, public utility buildings, tampering with utility property, and private buildings. When a person intentionally tampering with a utility building accidentally breaks something, the criminal act is a felony offense. 

Criminal Damage Defined

Criminal damage charges allege that a person was intentionally tampering with property belonging to someone else, seeking to impair its function, or that a person recklessly damages 

the property of another person with criminal intent. Damaging someone’s cell phone counts as defacing or damaging property. It’s the same when a person intentionally tampers with a bike. 

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Proving Criminal Damage Charges

Criminal damage statute A.R.S. 13-1604 defines “aggravated criminal damage”, which involves defacing or damaging buildings, personal property, places of worship or any religious purpose, an educational facility or school, a mortuary property or any place used to memorialize the dead, or an agricultural facility. Aggravated criminal damage charges are felony charges.

These statutes seek to discourage criminal syndicate activities, like a criminal street gang marking territory or damaging property as a means to threaten or intimidate. Sometimes, the reckless drawing on a building is just done by a bored teenager. A class 5 felony or years in prison for tagging a building is harsh. 

Aggravated criminal damage also applies to people who deprive livestock of access to the only reasonably available water in the area, or when a person somehow intentionally tampers with a part of the property to substantially impair its function. 

How Is “Recklessness” Defined In Arizona?

In Arizona, 13-105(10)(c) states a person recklessly damages property when “…a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists…” 

The implication here is that when one person allegedly damages the property of another heinously, the state seeks to up the ante on penalties. The statute states “it (recklessness) constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.” 

Good criminal damage attorneys attack or shut down angles where the prosecution cites recklessness to get people convicted of a petty crime or otherwise minor violation. If you or someone you know has been charged with recklessly defacing, tampering, parking, damaging property, or recklessly drawing, contact us for a free consultation.

DV Criminal Damage: The Offense and Potential Consequences

In domestic disputes, cooler heads typically prevail. However, regarding criminal damage in Arizona, the law means business. For example, if the police arrive at a dispute between spouses and find any criminal damage whatsoever, that charge now includes domestic violence. Someone is risking a criminal damage conviction for damaging their stuff!

It’s silly enough to think that a couple would have an argument and reconcile, only to be charged with a crime, and face potential jail time and penalties. If you or someone you know is charged with criminal damage, and a spouse’s property is damaged, the prosecutor’s charges will probably include domestic violence.

DV Criminal Damage: Possible Defenses

There are a few different common defenses against domestic violence and criminal damage. Here are some of the most common. 

Unreliable Investigation and Evidence

Here, the integrity of the police’s investigation and evidence are called into question. Records, statements, valuations, and even police reports can all be used here to beat property damage charges.

Mistaken Identity

If the case against you relies on eyewitness accounts, look to compromise the testimony of the witness. Eyewitness testimony is a notoriously unreliable source of evidence. Errors in identifying someone happen all the time. 

Mere Presence

For those arrested and charged at the scene of a domestic violence criminal damage dispute, their lawyers can argue that merely being at the scene isn’t an admission of guilt.

Constitutional Challenges

Miranda Violations, illegal searches and seizures, and the right to counsel are all challenges that lawyers can use to defend clients. People’s constitutional rights are often violated without them even knowing. These cases make for excellent defenses in criminal damage cases.

Damage Value

Through this criminal defense strategy, the defense argues that the values of the damaged properties are overvalued. When your legal defense can successfully shrink the item’s value, felony charges shrink into misdemeanors, probation, and cases that get thrown out. 

Diversion Agreement

These agreements make special arrangements for charges to be dropped at a later date upon repaying the item’s value, participating in some classes or counseling, or completing community service. This is an outstanding criminal damage defense. 

Misdemeanor Compromise

Here a civil compromise can be reached, whereby jail time, fines, probation, and all charges can be dropped. Once the offended party and the defense reach their agreement, the problem is solved. This criminal defense strategy also serves as a bridge to help the two parties reconcile.

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Client Testimonials

Clay Hernandez and Josh Hamilton are some of the most competent Lawyers I have ever had the pleasure of working with. They are dedicated, hard working and honest! They are some of the top Lawyers in the legal community and you couldn't have a better legal team on your side!

Lacee

To say that Josh Hamilton saved my life would be an understatement. Facing an incredibly ugly situation, I shopped around for an attorney for a while until I came across Mr. Hamilton. From day one I knew I had found the representation I needed. Josh fought tooth and nail for me and got me the best outcome, considering the dire straits I was in. His staff is incredibly helpful and friendly and Josh's ability and knowledge of the law is second to none. I could not see myself facing a hell like this again with anyone else at my side. A simple "thank you" will never be enough for all that Josh and the staff of Hernandez and Hamilton did for me.

Ox Inator

If you need a criminal defense lawyer then Josh Hamilton is definitely your guy!! Not only is he beyond brilliant.. and amazing at what he does! But he is a very caring and compassionate person. I highly recommend him!! He worked very hard on my case and got it dropped!!

Racquel Vera

The absolute 100% best. I cannot stress how much I appreciate and how grateful i am for Josh and Carol. They took up my brothers case in 2018 and never left him since. Their work is excellent and speaks volume. The complexity of the case will have anybody fearful and doubtful but not them. Right from the start they maintained a positive vibe and their professionalism is exceptional. I am so happy i found them back when me and my sister in law were googling appellate lawyers. If i could hug them now i would. My brother was released two days ago and even though the case is not done i am pretty sure the end results will be a good one. God appointed the right lawyers and they are not in it for the money they truly are genuine in fighting for victory and they know what happened to my brothers were not right and they fought tooth and nail and for that i just want to say thank you from the bottom of my heart. Grateful forever and ever!

King Black

I had a potential federal case come before me in my work environment. I called and they were so willing to work with me on getting into an in person consultation even though I was 2 hours away. We spoke on the phone, and then had a meeting I specifically spoke with Clay. He was knowledgeable and had a defense prepared before I even left the consultation. With everything still being in process, all I can tell you, based on my experience with him, he will fight until the end and he won't give up!

Cynthia Bass

Hernandez & Hamilton are top-notch attorneys. In hindsight I would NOT have considered hiring any other attorney to take care of my legal matters. Hernandez even traveled out of state to represent me over 2000 miles away, in Ohio, IN THE WINTER. :) Thank you for all you have done for me and my family!!!

Kari Turner

The best thing about this law office is their dedication. Josh never stopped working for us, never stopped believing that there would be a great outcome and even when it looked like all hope was lost, he kept working until we got the outcome we were looking for. I would recommend this office to anyone looking for an attorney. If they believe they can help, they will!!

Sarah Tecco

I contacted Mr. Hamilton regarding a case involving my brother. From the moment we spoke on the phone, he made feel like we were in the right hands. We discussed the case, went over the pro´s and con´s reaching a desicion to move fwd with the case. Mr. Hamilton is extremely well prepared and very knowledgagle. My brother got a very long punishment that was not justified and because of his commitment to the case and his great team effort, they got my brother a reduced sentence to time served. Now, thanks to Mr. Hamilton and his team, my brother is able to reunite with his three kids and his brothers. We are for ever thankful for your hard work and commitment. Thank you for believing in whats right! Blessings from our entire family.

Eghector

Josh Hamilton is top-notch: knowledgeable, accessible, hard-working and honest. No better lawyer in town.

Jeff Welter

I highly recommend Josh Hamilton to resolve your legal issues.The staff at Hernandez and Hamilton were very professional and friendly.Thank you Josh,Julie, Roni, and Olivia for everything that you all did for us. Have a wonderful holiday season and a prosperous new year..

Gillbert Encinas

I have owned a private investigation company in Arizona for a quarter century and worked with both of these lawyers for many years. These attorneys are honest, extremely competent, and truly care about their clients. Both are exceptional advocates.

Randy Downer

Josh is one of the best lawyers out there. He has helped me in multiple situations and has gotten me off every time. He’s professional about everything and I highly recommend him.

Timothy Marshall

I needed the best attorney in town and Josh did not let me down. If you want an aggressive pro-active team representing you, this is the outfit to go with. Best in class.

Organic BTI

I hired Hernandez & Hamilton to take care of a friend who had a bit of a tough situation. They took care of him easily and kept the cops honest. Very happy.

Danton Foster

Best lawyer in town. Josh and everyone else working with him at his law office go beyond to help you every step of the way. I would highly recommend for your criminal defense attorney.

Martin Lopez

Fantastic work by Josh and his team, they are very professional. Thank you for your help in our case. You and your team managed to get my brother released on the spot and cleared of all charges.

Eftimi Etzoglou

If you want the best of the best? Look no further because Clay and Josh are definitely it. HANDS DOWN.

Amanda Wade-Mcmickle

I can't thank Josh Hamilton enough and his team for what they did for our family to give us peace knowing that we got the best law firm the best lawyer and the out come was amazing thank you for all your knowledge your hard work your dedication once again thank you Josh and your team.

Alley Prudhomme

Excellent firm with outstanding attorneys and staff. They work extremely hard and get amazing results for their clients.

Adam dippel

This legal team is at the top of their game when it comes to representation and dedication. Truly a 5 Star law firm from beginning to end.

Mary Domoto-Hill

Mr. Hamilton is an absolute beast and he handled my problem like a Sunday drive. Absolutely the best attorney anywhere.period. thank you again Mr. Hamilton. Five stars across the board.

James Stewart