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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
16 thru 20 of 36 comments
On 05/12/06
Bryan from OH said:
There is a baseball coach at our highschool. We t.p.ed the baseball sign and drew on a sign there that was for the coach. Schools trying to lay the smack down and reportedly charge us with a class 5 felony. We dont know what to do
On 04/24/06
Monique from CA said:
Yah me and sum of my friends went out drinving around one night and we went by a house and noticed this girls car that we didnt like and decided to mess it up! So we went and got sum bottles. We then went back to the place where the car was and started to throw that bottles. THere was a guy across the street watching and we didnt notice him at first but then when we did we bounced! The cops pulled us over and said we had broke house window and messed her car up but this is our first offense!
On 03/21/06
Antony from CO said:
Will a class 6 felony keep you from owning guns or from voting?
On 03/01/06
ian from AZ said:
hey a couple of weeks ago i had some pills called ambian and i gave them to another kid and we got caught. the police said it was a class six felony but how much trouble do u think ill get in? (i have a clear record)
On 01/29/06
jason from AZ said:
yeah i broke in to two places and all in all we got caught, i got six clas 6 fellonys and a few misdemeners what will most likely happen to me other then this i have a clean record.
16 thru 20 of 36 comments



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