Question: I am charged with Criminal damage (vandalism) that is either a class 1 misdemeanor or a class 6 felony what could be the results?
Answer: First, there's a basic difference between a felony and a misdemeanor. See Speak Up! Other #65 for more on this difference.
The Arizona law for criminal damage [A.R.S. 13-1601] provides for punishment based upon the dollar amount of damage you've done. If the damage is between $250 and $2000, then it's a class 6 felony. If the damage is less than $250, then it's a class 2 misdemeanor. In cases like yours, court might make a class 6 felony into a class 1 misdemeanor. By shifting it down the scale of serious offenses one level, it will put the crime into a different court, which might make it able to hear the case more efficiently, but it will still be more serious than a class 2 misdemeanor.
The difference in your punishment between a class 6 felony charge or a class 1 misdemeanor is based entirely on your criminal record - that is, whether or not you have committed any crimes in the past. Your punishment will consist of either fine, jail time, or both. If you have the class 6 felony, then your fines and/or jail time will be considerably higher than if you had just a class 1 misdemeanor. The judge gets the choice of a fine for you, but the law limits the amount. If it's a class 6 felony, the judge cannot impose more than $150,000 fine upon you. If you have a class 1 misdemeanor, the law says the judge cannot fine you more than $1,500. Similarly, the law says that class 6 felonies can get one year in jail, and class 1 misdemeanors can get six months in jail.
What your actual punishment is depends upon your past. The prosecutor in the case, that is, the person making this charge against you for the State of Arizona, gets some flexibility in choosing your punishment. If you have a clean record, then the prosecutor will usually lower the fine and the jail time. Depending on the person, and depending upon the crime, the prosecutor will not impose jail time, and just have you pay money. Your punishment today depends on what you have done in the past.
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On 03/09/09
shadow from AZ said:
I had a group of 8 high schoolers damage my home to the tune of $8,000, the cops want to charge them with misdemeanors, I want them charged accordingly. Is this wrong? I mean they entered my home and did so knowingly.
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On 12/07/08
Andrea from CA said:
I was arrested last night for kicking and keying my boyfriends car and now facing felony vandalisum charges. Does anyone know anything about this? He is pressing charges but may drop them if I pay for what I have done. Will I still be charged by the DA if he drops the charges? What am I facing? I'm also a nursing student and can't have anything on my record. Can he still drop the charges if I already went to jail? Thank you for any info. I'm freaking out. It was stupid and not worth it. I caught him cheating and was angry but I was sober, if that helps.
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On 07/17/08
Georgi from AZ said:
For those of you who have warrants, turn yourself in. The longer the warrant sits, the less compassionate that judge will likely be, you're evading the law. It's not gonna go away. If you didn't commit the crime, stand your ground. For those of you who look suspicious for being in the wrong place at the wrong time with the wrong equipment. What I can tell you is avoid putting youself in those situations in the first place. Intuition is a powerful thing. Think for a minute, how would this look to someone else? Everybody has that gut feeling that tells you when somethings up.
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On 07/02/08
samy from WI said:
my house was vandilized and grafettis and i have a clue who it is how do i make then confess??? i want to know???? well the ?person threw a rock threw my window and wrote mean stuff about our family on the road with an arrow to our house ... i freaked and odnt know hat to do??? i want them to get punished it is inmaturity that causes these problems.... so
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On 06/30/08
tIFFAN from Othr said:
I recently found vandalism in a room at my cousins school we weren't supposed to be in this room then i got caught in their with my cousin and my freind now they think it is us if they take us to court, as they are threatening to, and the court thinks i am guilty what am i likely to recieve as a punishment? please help!
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