Criminal Damage Defense
A broken window, a dented car or a damaged phone during an argument can lead to a criminal damage charge, and the dollar amount the State claims shapes much of what follows. We can help you understand where your case stands.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We prepare every case as if it is going to trial, and we take a meticulous, aggressive approach, fighting from every angle, because the report is only one side of the story.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: A.R.S. § 13-1602 covers recklessly defacing, damaging or tampering with someone else's property, damaging utility property and related acts.
- How it is classified: Mostly by the dollar amount of the damage, from a class 2 misdemeanor up to a class 4 felony for $10,000 or more or certain utility damage.
- Possible sentence: For a first offense, from up to 4 months in jail for a class 2 misdemeanor to 1 to 3.75 years in prison for a class 4 felony, plus restitution.
- Where the case is heard: Misdemeanors are heard in a city (municipal) court or a justice court, depending on where it happened. Felonies go to Maricopa County Superior Court in the downtown Phoenix criminal court complex (Central Court Building, 201 W. Jefferson St.; South Court Tower, 175 W. Madison St.). Confirm the building on your current notice.
- What to do now: Keep photos, receipts and repair estimates, avoid discussing the case with the owner, and talk to a lawyer before you speak with police.
What the law says
Under § 13-1602(A), a person commits criminal damage by doing any of the following:
- Recklessly defacing or damaging property of another person.
- Recklessly tampering with property of another person so as to substantially impair its function or value.
- Recklessly damaging property of a utility.
- Recklessly and physically blocking a passageway so that livestock lose access to the only reasonably available water.
- Recklessly drawing or inscribing a message, slogan, sign or symbol on a public or private building, structure or surface, other than the ground, without the owner's permission. Our graffiti defense page covers this form.
- Intentionally tampering with utility property.
Key definitions come from A.R.S. § 13-1601:
- Property of another: property in which anyone other than the defendant has an interest, including community property and other property the defendant also has an interest in.
- Defacing: any unnecessary act of substantially marring any surface or place, by any means, or posting or painting a notice on a structure without the owner's permission.
- Tamper: "any act of interference."
- Utility: a public or private provider of gas, electric, irrigation, steam, water, water conservation, sewer or communications services, and common carriers on land, rail, sea or air.
Most forms require only recklessness. Under A.R.S. § 13-105(10)(c), that means being aware of and consciously disregarding a substantial and unjustifiable risk, in a way that is a gross deviation from what a reasonable person would do. A true accident is different, but the line can be close.
How it is classified
| Damage or circumstance | Class | Subsection |
|---|---|---|
| $10,000 or more to property of another | Class 4 felony | § 13-1602(B)(1) |
| $5,000 or more to utility property, or intentional utility tampering that causes an imminent safety hazard to any person | Class 4 felony | § 13-1602(B)(2) |
| $2,000 or more but less than $10,000, or damage done to promote, further or assist a criminal street gang or criminal syndicate with intent to intimidate | Class 5 felony | § 13-1602(B)(3) |
| $1,000 or more but less than $2,000 | Class 6 felony | § 13-1602(B)(4) |
| More than $250 but less than $1,000 | Class 1 misdemeanor | § 13-1602(B)(5) |
| All other cases, including $250 or less | Class 2 misdemeanor | § 13-1602(B)(6) |
Because the class depends on the amount, the State's damage figure is often a central issue in the case. A few dollars can move a charge across a felony line.
Possible penalties
| Class | First-offense range | Source |
|---|---|---|
| Class 4 felony | 1 to 3.75 years in prison (presumptive 2.5 years) | A.R.S. § 13-702(D) |
| Class 5 felony | 0.5 to 2.5 years in prison (presumptive 1.5 years) | § 13-702(D) |
| Class 6 felony | 0.33 to 2 years in prison (presumptive 1 year) | § 13-702(D) |
| Class 1 misdemeanor | Up to 6 months in jail and a fine of up to $2,500 | A.R.S. § 13-707(A); A.R.S. § 13-802(A) |
| Class 2 misdemeanor | Up to 4 months in jail and a fine of up to $750 | § 13-707(A); § 13-802(B) |
The felony ranges apply to a first offense that is not a dangerous offense, and prior convictions can raise them. For a class 6 felony, A.R.S. § 13-604(A) lets the judge enter a misdemeanor conviction, or leave the offense undesignated during probation, if a felony sentence would be "unduly harsh," unless you have two or more prior felony convictions.
Restitution is mandatory after a conviction. Under A.R.S. § 13-603(C), the court "shall require" the convicted person to pay restitution to the victim "in the full amount of the economic loss as determined by the court." The Cornell LII Wex: restitution entry gives general background on the concept.
Consequences beyond the sentence
- Your record: A conviction can appear on background checks, even at the misdemeanor level. Depending on the outcome, you may be able to ask for a set-aside, which sets aside the judgment of guilt, or for record sealing.
- Domestic violence label: Criminal damage is on the list of offenses in A.R.S. § 13-3601(A), so damage to a partner's or family member's property can be charged as domestic violence. See domestic violence criminal damage.
- Firearms: The felony tiers fall under the federal ban in 18 U.S.C. § 922(g)(1), which covers crimes punishable by imprisonment for more than one year.
- Immigration: Property offenses can still affect status under 8 U.S.C. § 1227(a)(2). If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea.
- Money and work: A restitution order is a debt you must pay through the court, and a record can affect jobs and professional licenses.
Avoiding jail is not the same as avoiding a conviction. A plea with no jail still comes with a record and a restitution order.
How we defend criminal damage cases
A criminal damage defense often focuses on two questions: did you act recklessly toward someone else's property, and how much damage can the State prove?
- The damage amount: We can ask for repair invoices, photos and replacement costs, and compare them with the item's actual condition and age. A lower supported figure can mean a lower class.
- Recklessness versus accident: Tripping into a door or backing into a fence is not automatically reckless. The State must show a conscious disregard of a substantial risk.
- Whose property: Shared and community property still counts as property of another. Property that belonged only to you may not.
- Identity: Video, witness descriptions and timelines can be unclear, especially in group settings.
- Related charges: These cases often come with disorderly conduct or, in a home, domestic violence disorderly conduct. Each charge needs its own proof.
- Resolution options: Paying for repairs, an apology through counsel and a clean history can support a reduced charge or a diversion program where one is available.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
Yes. Under § 13-1601, "property of another" includes community property and other property you also have an interest in. That is why damage to a shared phone, car or home can be charged, and why these cases can carry a domestic violence label.
Not automatically. The State decides whether to continue the case, even after the owner is paid. Paying early can still help in talks about a reduced charge or diversion, and the court must order restitution if you are convicted.
On a felony, the right to appointed counsel applies if you cannot afford a lawyer. In misdemeanor court, once the State avows it will not seek jail and the judge agrees, there is no right to an appointed lawyer (Ariz. R. Crim. P. 6.1(b); Campa v. Fleming, 134 Ariz. 330 (App. 1982)). You can still hire your own lawyer.
You see a judge for an initial appearance within 24 hours of arrest (Ariz. R. Crim. P. 4.1), where release conditions are set. A Maricopa County felony does not go through a justice court first. Our page on what happens after an arrest explains the next steps.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 13-1602: Criminal damage; classification
- A.R.S. § 13-1601: Definitions
- A.R.S. § 13-105: Definitions
- A.R.S. § 13-702: First time felony offenders; sentencing; definition
- A.R.S. § 13-707: Misdemeanors; sentencing
- A.R.S. § 13-802: Fines for misdemeanors
- A.R.S. § 13-604: Class 6 felony; designation
- A.R.S. § 13-603: Authorized disposition of offenders
- A.R.S. § 13-3601: Domestic violence; definition; classification; sentencing option; arrest and procedure for violation; weapon seizure
Cornell Legal Information Institute
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Talk to a Maricopa County criminal defense lawyer
If you have been arrested, charged, or contacted by a detective, the decisions you make in the first few days matter. Nova Law Group defends misdemeanor and felony cases in the Superior Court and in municipal and justice courts across Maricopa County.
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