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Criminal damage to property is the intentional cause of damage to someone else’s physical property without their consent. Depending on the circumstances, criminal damage to property is a felony, gross misdemeanor, or misdemeanor offense. There are varying degrees of criminal damage to property, each having their own distinct penalties.

If you have been charged with or are under investigation for criminal damage to property, the attorneys at Valentini law are here to help. Contact us at (612) 341-0900 to secure experienced and professional representation for your case.

First Degree Criminal Damage to Property

First degree criminal damage to property is a felony offense. Factors that play a role in first degree criminal damage to property are whether:

• it resulted in a reasonably foreseeable risk of bodily harm;
• the property was a public safety motor vehicle, you knew it was a public safety vehicle, and the damage resulted in a substantial interruption or impairment of public safety services or a reasonably foreseeable risk of bodily harm;
• the property belonged to a common carrier and the damage impaired the carrier’s service to the public;
• the damage reduced the value of the property by more than $1,000 measured by the cost of repair/replacement; or
• the damage reduced the value of property by more than $500 measured by the cost of repair/replacement, and you were previously convicted of third-degree criminal damage to property or higher within the past three years.

If you are charged with first degree criminal damage to property, the penalties include up to 5 years in prison and/or a $10,000 fine.

• If you were previously convicted of first degree criminal damage to property for damages within the past 6 months, and your previous conviction resulted in a $1,000 or more property value loss, then the value of the property damaged in your prior conviction may be combined with the value of the property damaged in your new charges, regardless of the county.

Second Degree Criminal Damage to Property

Second degree criminal damage to property is a felony offense motivated by bias. The damage caused must have reduced the property’s value by $500 – $1000, as measured by the cost of repair/replacement. Other factors that play a role in second degree criminal damage to property are whether:

• You were motivated by the property owner’s race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability;
• You were motivated by the property owner’s association with a person of a certain race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability; or
• You intended to harm an individual or a group of individuals of a certain race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability.

If you are charged with second degree criminal damage to property, the penalties include up to 1 year and 1 day in prison and/or a $3,000 fine.

• If you have been convicted of second degree criminal damage to property within the past 6 months, the value of the property damaged in your prior conviction may be combined with the value of the property damaged in your new charges, regardless of the county.

Third Degree Criminal Damage to Property

Third degree criminal damage to property is a gross misdemeanor offense. Factors that play a role in third degree criminal damage to property are whether:

• the damage reduced the property’s value by more than $500 but not more than $1,000 as measured by the cost of repairs/replacement;
• the property was a public safety motor vehicle, and you knew it was one; or
• the damage reduced the property’s value by no more than $500 and:
  • You were motivated by the property owner’s race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability;
  • You were motivated by the property owner’s association with a person of a certain race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability; or
  • You intended to harm an individual or a group of individuals of a certain race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability.

If you are charged with second degree criminal damage to property, the penalties include up to 364 days in jail and/or a $3,000 fine.

• If you have been convicted of third degree criminal damage to property within the past 6 months, the value of the property damaged in your prior conviction may be combined with the value of the property damaged in your new charges, regardless of the county.

Fourth Degree Criminal Damage to Property

Fourth degree criminal damage to property is a misdemeanor offense. This charge occurs if the damage reduced the value of the property by no more than $500. If you are charged with fourth degree criminal damage to property, the penalties include up to 90 days in jail and/or a $1,000 fine.