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Speak Up! - View Question #375 |
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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.
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On 02/13/05
Cathy from OH said:
My nephew, who is a very, astute businessman, in his forties, owns a pizza shop. He was selling marijuana and was charged with a 3rd degree felony. What is that?? He was never in trouble in the past.
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On 06/13/04
Richard from AZ said:
I went to jail for two class 4 felonys one was aggravated criminal damage the other was burglary in the third degree after court i got one class 6 (undesignated) felony $3000 worth of restitution and probation
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On 02/20/04
sean paul from AZ said:
we went out drinking on the streets, ther was 3 of us we got a little tipse and went to this girls house to talk to her.
Her dad and mom came back and told us to clear off but this man that told us to clear off got hold of one of my mates and through him out of the garden. so we went of about,1 hour later one of my mates said lets kick his car in, i did not agree with him but i went along with him. so we kicked the car and i stud up for one of my mates and said that i had caosed the damage, but i hadent done anything to the car so this man is taking me to court ive told the police the truth b
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On 02/06/04
renee from AZ said:
i think u should let a kid have a little bit of mercy because they don't know that if is wrong.so we have to teach them whats right and whats wrong.and let them off really easy not to hard and not to rough or to easy.
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On 01/07/04
Kevin from AZ said:
Within the last 2 weeks, A person at my school had drivin by my house and hit my car with tire Iron I called the police and they cited him for criminal damage he is 18 now and I was just wondering what happens now? do I take him to court? what kind of punishment could he face and how difficult would it be for me to win? thanks I
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