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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
11 thru 15 of 36 comments
On 11/12/06
maha from VA said:
My friend's son was caught running an illegal gambling ring in virginia. He has a felony charge against him. Up till then he had a clean record. what coulf happen to him
On 10/31/06
Wings from CA said:
My boyfriend was arrested last night and is apparently facing two felonies for vandalism. What can I look forward to with our future? Am I looking at a boyfriend in prison? He's only sixteen and has never been in trouble in the law before, but a bad influence didn't help.
On 08/22/06
melissa from CA said:
My two friends and I scratched our names into a goverment mailbox with rocks.Now the post office and the police have a warrant out for our arrest... what could be the charges?
On 08/20/06
George from CA said:
My brother was just arrested on charges of vandalism. He has never done anything wrong has a clean record. he is 16 years old and "accidently" broke someone's fence. What would he be convicted with?
On 07/12/06
Dylan from IL said:
Me and my buddy got into a little trouble. we went into a house that wasnt even built yet. We broke a window that was lying on the ground on accident and also a heater. Now theres a warrant out for my arrest. what should i do?
11 thru 15 of 36 comments



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