Destruction of property can come in various forms, resulting in different criminal charges. If you were charged with a crime for breaking someone else’s property, vandalizing something, or even setting something on fire, our lawyers can help you understand the potential penalties you could face and defend you against these charges.
The specific penalties you could face depend on the specific crime you are charged with. Destruction of property is usually charged as “criminal mischief” in other states, but Utah also has a law specifically for “property damage or destruction.” Arson could also be charged. Many of these crimes are misdemeanors, but depending on the value of the damage and whether anyone was put in danger, they could result in serious jail time.
For help, call the Salt Lake City criminal defense lawyers at Overson Law at (801) 758-2287.
Possible Criminal Charges for Destruction of Property in Utah
As mentioned, there are multiple code sections that could be charged for destroying someone else’s property. The actual crime you are charged with will dictate the penalties that our Provo, UT criminal defense lawyers can help you fight.
First, it is important to understand that most of these crimes are property crimes at their core. When crimes only affect property, they are usually lighter offenses with lower penalties. However, some of these crimes are charged under different code sections specifically because they involve the risk of injury – or actual injury – to another person. This increases the seriousness of the crime and the seriousness of the penalties.
Other crimes are also escalated to higher levels of crime because of the effect they have on infrastructure or public assets. For example, destroying a traffic light or street sign causes more problems than breaking someone’s TV. As another example, setting a fire means there will be a response from the fire department, which uses up public funding.
Criminal Mischief
Many states call the crime of property destruction “criminal mischief,” putting most destruction of property charges under this heading. In Utah, this crime – charged under Utah Code § 76-6-106 – is a bit more specialized. Instead of being the catch-all property damage crime, criminal mischief deals specifically with destroying or tampering with property in a way that endangers peoples’ safety or interrupts “critical infrastructure.”
Causing damage in a way that endangers people could be something as simple as destroying or removing a stop sign or something as serious as cutting the brakes on someone’s car. Destroying airport, rail, highway, or other infrastructure is also usually how the second type of criminal mischief is charged.
There is also a specific part of the statute aimed at the crime of throwing or shooting anything at a vehicle. For example, someone throwing rocks at cars from an overpass could be charged with criminal mischief.
Property Damage or Destruction
Utah Code § 76-6-106.1 covers the more general destruction of property offense in Utah. This statute’s scope is broader, covering any intentional damage to someone else’s property. This includes merely “defacing” property, which is usually the kind of language used in vandalism charges. There is also a subsection of this code for destroying property to commit insurance fraud – separate from destruction that might fall under arson or criminal mischief statutes.
Graffiti
Utah Code § 76-6-107.5 specifically applies the “defacing” language to property destruction involving graffiti. This section, however, is charged only for graffiti on “public lands,” e.g., in a park.
Arson, Aggravated Arson, and Reckless Burning
Arson is charged under § 76-6-102, whereas § 76-6-103 is for aggravated arson and § 76-6-104 is for reckless burning. The core conduct – setting a fire – is the same among all of these statutes, but the other circumstances change which statute you might be charged under. Also note that arson and aggravated arson also apply to the use of explosives.
For arson, the crime is committed just with the intent to destroy property. For aggravated arson, the crime must be committed upon a house or a building or car that has someone in it. For reckless burning, the charges apply when a fire is set without taking the proper precautions to prevent it from getting out of hand or similar conduct.
Other Destruction of Property Offenses
There are also other code sections that might overlap with some of these broader statutes. They deal with property destruction in specific places, under specific conditions, or against specific types of property.
There is also a broad statute for “causing a catastrophe,” which applies to causing widespread destruction with a weapon of mass destruction, a large fire, an avalanche, or another “destructive force.”
Penalties for Criminal Mischief, Property Destruction, and Arson in Utah
Crimes are broadly broken down into two major categories in Utah: felonies and misdemeanors. Misdemeanors are classified as class A, B, or C misdemeanors, and felonies are broken down into first, second, and third degree felonies.
Misdemeanors
Class A misdemeanors have a potential jail sentence of up to 364 days (i.e., just under a year), while class B misdemeanors have a max of 6 months and class C of 90 days in jail.
The fines for Class A misdemeanors top out at $2,500, while B is $1,000 and C is $750. However, most destruction of property crimes include increased payments, as there are some provisions in the code allowing the court to order the defendant to reimburse the property owner for the damage. Alternatively, the court can also order restitution to pay back the victim for the damage.
Felonies
Jail time for felonies usually has a range of possibilities, and the judge sets the final sentence. For first degree felonies, the range is 5 years to life; for second degree, it’s 1-15 years, and for third degree, it’s 0-5 years.
For fines, the max is $10,000 for first and second degree, and for third degree, it’s up to $5,000.
Applying Penalties
Most of these property crimes carry heightened penalties depending on the value of the property destroyed. For a few offenses, the crime is charged as a class B misdemeanor for under $500 in damage, class A for at least $500 but under $1,500, third degree felony for at least $1,500 but under $5,000, and second degree for $5,000 or more. Some crimes, like reckless burning, have no penalty for under $150 worth of damage.
Some are charged at different levels depending on the number of prior convictions. With the graffiti on public lands offense, the crime is bumped from a class B to a class A misdemeanor for a second offense. Under certain parts of that statute, there are also set penalties for 100 hours of community service within 90 days, which increases to double and triple that amount (and time period) for second and third offenses.
Arson is a third degree felony automatically if it endangers anyone’s life, and aggravated arson – which always has a risk of killing someone – is a first degree felony in all cases. Similar penalties apply to the crime of causing a catastrophe.
Contact Our Criminal Defense Lawyers in Utah Today
Call Overson Law at (801) 758-2287 for a free case assessment with our Park City, UT criminal defense attorneys.
