Malicious destruction of property felony state of michigan
For a felony charge, if the value of the property was:.
Malicious Destruction of Property Charges
Up to 10 years in prison. What are Defenses for the Malicious Destruction of Property?
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If you have other charges that are related to the malicious destruction of property it could result in harsher penalties. If you have been charged with the Malicious Destruction of Property or any related offense in the state of Michigan, please call Plymouth lawyer Aaron J. Boria at Aaron J. Malicious Destruction of Property — Plymouth Lawyer The charge of Malicious Destruction of Property can be either a misdemeanor or felony offense in the state of Michigan. What is Malicious Destruction of Property? For example, an engine resting on a brick foundation, enclosed in a framed building, unable to be removed unless a wall was removed, and mortgaged as part of the realty is clearly considered to be real property.
People v Jones , Mich , 79 NW The prosecutor is required to prove, and the judge is required to instruct the jury, that malicious destruction of real property is a specific intent crime and the defendant must have the specific intent to injure or destroy the property. Malice can be inferred, however, from circumstantial evidence such at cut pipes, torn plaster ceiling and broken faucet fixtures.
People v Burkhardt , 72 Mich ; 40 NW The determination of the value of the real property that was damaged or destroyed for the purpose of determining the severity of the malicious destruction of property charge is based on the fair market value of repairing the damage or replacing the property destroyed, which can include the cost of labor. Malicious destruction of police property only applies to personal property, not real property.
Burning any Real Property (MCL 750.73)
For example, the destruction of a window at a county jail the window considered "real property" because it was erected or affixed to a building is only properly chargeable under the malicious destruction of real property statute, even if the resulting penalty may be less. School Bus MCL Additionally, the operator's or chauffeur's license of a convicted person will be suspended if the damage or destruction was caused by a motor vehicle. Memorial of the Dead MCL However, a conviction cannot be sustained IF: The property did not belong to someone else.
You cannot be found guilty if you can show that the damaged or destroyed property was your own property. The property was not damaged or destroyed due to willful or malicious intent. You cannot be found guilty if the prosecutor cannot show that the damage or destruction was NOT caused by mistake, accident or necessity e.
Intoxication may also negate someone's specific intent to destroy property.
You did not destroy the property. You cannot be found guilty if the prosecutor cannot prove that the identity of the perpetrator or you have a successful alibi defense. Subscribe To This Blog's Feed.
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- Malicious Destruction of Personal Property – Misdemeanor!
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Willful and malicious destruction of certain buildings or appurtenances is prohibited as well. The amounts of destruction may be aggregated over a month period as well to determine the total value of damage. Malicious destruction of dams, canals, reservoirs, or trenches, bridges, or a railroad is also a felony.
So, for example, if a person cut some crop circles on a neighboring farm, there could be a stiff potential punishment. Maliciously breaking guide posts, sign boards, lamp posts, etc.
Malicious Destruction of Property in Michigan – Defense Attorney
The penalty depends on the monetary value of the destroyed property. Destruction of library books, vessels such as boats, buoys, research property, and more, are prohibited by law. Contact Us [link to Contact Us form] if your case involves an unusual fact pattern or obscure type of property.