Speak Up! - View Question #22397
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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?
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.