what is destruction of property in DC

What is destruction of Property in DCWhat is Destruction of Property?   Destruction of Property in the District of Columbia is defined as the malicious breaking or attempting to injure by fire or otherwise, any public or private property, whether real or personal, not his or her own, of value.   If the value of the destroyed property is $1000.00 or more it is felony.   If the value of the destroyed property is under $1000.00 See D.C. Criminal Code § 22-303  

What are the elements of Destruction of Property?

(1) maliciously destroyed property (“substantial risk of harm to that property, but engaged in that conduct, nonetheless”)

(2)The property did not belong to you.

(3) Property has value

Whats the Maximum Penalty for Destruction of Property

  • The penalty for Felony Destruction of Property in the District of Columbia is ten years and/or $25,000.00 fine
  • The penalty for Misdemeanor Destruction of Property in the District of Columbia is 180 days and/or $1000.00 fine
Is Spray Painting Private or Public Buildings Considered Destruction of Property

Yes defacing someone property whether public or private is considered destruction of property in the District of Columbia.  Essentially if destroy property and you destroyed the property aware that your conduct created a “substantial risk of harm to that property, but engaged in that conduct, nonetheless.”

If you Have Been Charged?

So if you are arrested and charged with destruction of property you may be eligible for diversion.  Usually, the goal of the prosecutor is to make the person whose property you may have destroyed whole again.  Obviously, there is a multitude of defenses available to this crime.    Need more information give us a call.

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