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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.


Comments
6 thru 10 of 36 comments
On 01/05/08
pablo from OK said:
two friends of mine got cought with spray cans in their bags and somebody else did spraying and the police are blaming them what trouble can they get...
On 08/10/07
bob from AZ said:
Most of you who posted thier stories from what I can tell they don't know who you are they can't get you. When the cops do get you NEVER say anythiing. Its your right to get a lawyer first. Remember its the cops job to make you confess even though they just assumed it was you. Its their job alot easier if they can make you confess. Never say anything and get a lawyer. For example: the kid who threw bottles at a car I take it this occured at night, so its a case of mistaken identity and the guy who said he saw it happened he couldn't have telled who was in the car.
On 06/27/07
donald from FL said:
a friend and i threw two batteries at a house next to ours and they punctured two small holes....the police are going to fingerprint the batteries, they say its about $1500 to replace it...what is going to happen to my friend and i?
On 02/15/07
Christian from CA said:
i got accuse in my school for graffiti which is considered as vandalism. I did not do anything wrong and they have no evidence at all and they still accused me saying that i could get a felony and sent to juvi. what can i do?
On 02/01/07
John from VA said:
I am a 13 year old and a pal of mine received a fake $20 from one of his friends. He was charged with a class 4 felony and class 6 felony. What could happen? He had stolen from Macys before but it didn't go on hes perment record.
6 thru 10 of 36 comments



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