Malicious Destruction of Property Defense Attorneys in Michigan

Everyone has heard the terms “vandalism,” “malicious mischief,” and “tampering.” These terms pertain to the crime of damaging someone else’s property without permission. We call this crime “Malicious Destruction of Personal Property” (MDOP) in Michigan.

Malicious Destruction of Property is a Serious Crime

Some may not think the law would punish Malicious Destruction of Property crimes too severely because they deal with property instead of a personal injury. The fact is that courts and prosecutors prosecute and punish these offenses harshly. Michigan’s MDOP laws and the corresponding penalties reflect its concern with protecting personal and real property. If you face these serious allegations, you will want to get the best malicious destruction of property defense attorneys available.

Of course, there are situations where someone purposefully and intentionally destroys another person’s property. In those cases, a defense lawyer’s goal may be to help their client avoid a criminal conviction and jail time. In other cases, seeking a dismissal might be the only option for a wrongfully accused person. A defense lawyer must fight to protect and defend their client, no matter what it takes, so they achieve the best possible outcome.

Penalties for Malicious Destruction of Property

The various maximum penalties and the elements that comprise them are as follows:

• Value over $20,000.00 or 2 or more prior convictions for MDOP: 10 years in prison, 5 years court-supervised probation, and $15,000.00 fine or 3 times the value of the damaged property, whichever is greater;

• Value $1,000.00-$20,000.00 or 1 or more MDOP prior conviction: 5 years in prison, 5 years court-supervised probation, and $10,000.00 fine or 3 times the value of the property, whichever is greater;

• Value $200.00-$1,000.00: 1 year in jail, 2 years of probation, and $2,000.00 fine or 3 times the value of the property, whichever is greater;

• Value less than $200.00: 93 days in jail, 2 years of probation, and a $500.00 fine or 3 times the property’s value.

If you face MDOP allegations, a malicious destruction of property defense attorney can help you determine your options and the best way to protect yourself.

Malicious Destruction of Other Types of Property

Police and Fire Property

Anyone who destroys or injures police or fire property is guilty of a felony. No dollar amount is necessary; any property damage is a felony.

School Busses

Damaging a vehicle marked as a school bus or creating a danger or hazard to children riding in a bus is a 5-year felony with 5 years of court-supervised probation. An experienced malicious destruction of property defense attorney is essential to avoiding jail and conviction.

Traffic Control Devices

Damaging, defacing, interfering with the functioning of a traffic control device, or removing one is a crime. The penalties range from minor cases with no prior record (93-day misdemeanor) up to one year in jail if the defendant has one or more prior MDOP convictions on their record.

House, Barn, Other Building

If a person injures or destroys any such structures and causes damage of $20,000.00 or more (or two (2) prior convictions), they may be charged with a 10-year felony and face either a $15,000.00 fine or three times the value of the property, whichever is greater. A conviction for this offense may result in a 5-year term of probation.

If the value of the damage is between $1,000.00 and $20,000.00, and if the defendant has one or more prior convictions of this type of property, the penalty is up to five (5) years in prison and $10,000.00 or three times the value of the damaged property, and years of probation.

If the value of the damage is less than $1,000.00, the penalty would be county jail time, fines, and up to two (2) years of probation.

Utilities: Electric, Telecommunication, Natural Gas Infrastructure, or Railways

This offense carries a maximum 5-year prison term and years of probation. Prosecutors and judges harshly punish malicious destruction of infrastructure-related companies. It takes an influential and respected Malicious Destruction of Property Defense Attorneys to mount a potent defense to these charges.

Additional MDOP Charges

Trees, Shrubs, Grass, Crops

Willful and malicious destroying, cutting down, or injuring these plants is a crime. Everyone has heard of “lawn jobs,” where someone spins their tires across a lawn as an adolescent prank or in a real effort to anger someone. Destroying foliage is a crime, and if the damage is $200.00 or less, the penalty is 93 days in jail, a $500.00 fine or three (3) times the value of the damage, and two (2) years of probation. Being convicted of executing a lawn job also carries a mandatory suspension of the defendant’s driver’s license.

As the value of the damage increases, the offense can be a felony.

Throwing or Dropping Stones or Other Objects on Trains and Motor Vehicles

We have all heard of instances where someone has dropped items off a bridge on a car, sometimes causing injury or even death. For obvious reasons, these crimes are harshly punished because they are so completely senseless and done with malicious disregard for the well-being of innocent people.

At the lower end of seriousness, if someone drops a rock or other item onto a car or throws such a thing at a car, even if no damage occurs, the penalty is up to 93 days in jail. If property damage does occur, the penalty jumps to one year in jail. These convictions will also result in up to a 2-year term of court-supervised probation.

If the act causes any injury to another, the penalty climbs to 4 years in prison and a $2,000.00 fine. If the injury results in a serious impairment of a bodily function, the penalty is up to 10 years in prison and a $5,000.00 fine. If a death results, even accidentally, the penalty is up to 15 years in jail and a $10,000.00 fine, the same penalty as Manslaughter. These more severe charges also carry a possible 5-year term of court-supervised probation.

Skilled and Experienced Defense Attorneys

The top-rated, highly experienced, and zealous malicious destruction of property defense attorneys at LEWIS & DICKSTEIN, P.L.L.C. have successfully represented thousands of clients on felony and misdemeanor Malicious Destruction of Property charges in Oakland, Macomb, Wayne, Washtenaw, and Livingston Counties and throughout Michigan. We have a well-earned reputation for providing the highest quality defense and aggressive representation, while showing empathy and care for each client. Call us for a Free Consultation today. We will take the time to talk with you, answer your questions, and work with you to develop a winning strategy!

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.

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