Destruction of Property Charge
Experienced Attorneys Ready to Fight for You
Damaging, vandalizing, or defacing property in Virginia is considered a criminal offense. Depending on the extent of the damage, you can face a minor or significant destruction of property charge for destroying someone’s property. You could also be sentenced to jail, fined, and charged with repairing or replacing the damaged property.
This type of offense can happen in various situations, such as during domestic disputes, protests, or even after drinking too much. However, with the help of a skilled lawyer, there is a potential for a positive outcome. A lawyer can challenge or negotiate to reduce or dismiss the charges. If you’ve been arrested for vandalism or property destruction in Virginia, contact the KGO Law Firm immediately to discuss your case and explore the possibilities for a favorable resolution.
Destruction of Property Law in Virginia
Under Virginia Code § 18.2-137, it is illegal to damage or interfere with property that isn’t yours in the following ways:
- Destroying,
- Damaging,
- Defacing,
- Removing without intent to steal, or
- Breaking down.
The damage doesn’t need to be severe to be considered a crime. Removing someone else’s property without intending to steal it can be illegal. If the intent is to permanently take the property away from its owner, this could lead to theft or robbery charges, depending on the situation.
Types of Property Covered
The law applies to personal and real property, including land, buildings, vehicles, etc. Examples of property protected under this statute include:
- War veteran monuments or memorials,
- Monuments marking the site of Civil War battles,
- Markers for city, town, or land boundaries, including specially marked trees.
Penalties for Property Damage
In Virginia, the consequences for property damage vary based on whether the Damage was done on purpose and the value of the damaged property.
Unintentional Damage: If the Damage was accidental, it is considered a Class 3 misdemeanor, which can result in a fine of up to $500. This category also covers reckless behavior that results in Damage, such as mistakenly hitting a car while aiming at a tree with a rock.
Intentional Damage (less than $1,000): When property worth less than $1,000 is deliberately damaged, it is classified as a Class 1 misdemeanor. The penalty for this offense can be up to 12 months in jail and a fine of $2,500.
Intentional Damage (over $1,000): Damaging property valued at over $1,000 is a Class 6 felony. The penalties can be 1 to 5 years in prison.
Determining the Value of Damage
The value is based on the repair cost or the fair market value of replacing the damaged property to decide if the damage is classified as a felony or misdemeanor.
It’s not uncommon for people charged with property damage to be surprised when they face felony charges, even if the damage seemed minor.
Restitution for Damaged Property
The court may require the defendant to pay to fix or replace the damaged property.
Property Destruction Defense from The KGO Law Firm
There are several possible legal defenses if you’re facing charges for vandalism or property destruction. These might include mistaken identity, the fact that you owned the damaged property, or that the damage was accidental. If you or someone you know has been arrested for vandalism, speak with an experienced criminal defense attorney at The Law Offices of Krum, Gergely, & Oates to explore your options and protect your record. Contact us today at (703) 988-3711 for a free consultation.