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    Speak Up! - View Question #22397


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    Question:

    What would I face if I was with people when they were smashing windows? I only broke two out of the many of they did. What class of a crime would it be? and Could I be tried as an adult for it?



    Answer:

    The charges that you could potentially face really depend on all of the facts.  However, assuming that property damage is the only charge, the following information may be helpful:

    Questions #1 and #2 - Re: Smashing Windows/Crime classification - In Arizona, if an adult is caught smashing windows, s/he could be charged with a "criminal damage" violation.  Criminal damage includes (but is not limited to the following):

      • recklessly defacing or damaging property of another person; or
      • recklessly tampering with property of another person so as to substantially impair its function or value; (See, A.R.S. § 13-1602(A))

    Question #3:  The possibility of being charged as an adult. Whether or not you could face adult charges is really dependent on all of the facts. 

    Generally, if a minor is 15 years of age or older, and is accused of a violent crime (including, but not limited to: murder, forced sexual assault, and armed robbery) or the minor (15yrs or older) is considered a "chronic felony offender" then the county attorney/prosecutor is directed to bring adult charges against the minor; A.R.S. § 13-501(A);  (A chronic felony offender is defined as  "a juvenile who has had two prior and separate adjudications and dispositions for conduct that would constitute a historical prior felony conviction if the juvenile had been tried as an adult;" A.R.S. § 13-501 (G)(2) )

    If a minor is 14 years or older, the county attorney/prosecutor has the discretion to bring adult charges against the juvenile if:

        • The juvenile (14yrs or older):
          • is accused of any Class 1 or  Class 2 felony;
          • is accused of certain Class 3 felonies (there is a broad range of categories);
          • is accused of a Class 3, Class 4, Class 5 or Class 6 felony where there was a serious and intentional physical injury involved; (and/or the threat of serious injury was involved); or
          • is considered a "chronic felony offender" See, ARS § 13-501 (B);  

    Reminder: Criminal Damage charges (alone) range from a Class 2 misdemeanor to a Class 4 felony.

    There are other exceptions to these rules.  With that in mind, you may want to read ARS § 13-501 and ARS § 13-504 carefully and in their entirety for additional information.  The  link to ARS § 13-501 .The link to ARS § 13-504


    Comments
    1 thru 1 of 1 comments    [ 1 ]   
    On 09/17/08
    ashley from AZ said:
    well that is kind of what i did but i was the one how got the cops called on them.
    1 thru 1 of 1 comments    [ 1 ]   



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