Contact Van Severen Law Office at (414) 270-0202 to discuss your criminal damage to property case.
Criminal damage to property charges are common in Wisconsin. Frequently, they accompany other criminal charges, such as disorderly conduct or misdemeanor battery. It’s also common for criminal damage to property to be charged in connection with domestic violence incidents. But these situation aren’t required, and criminal damage to property can certainly be charged on its own.
Plenty of forms of criminal damage to property exist. The misdemeanor version simply requires that the defendant intentionally causes damage to the property of another. But once the value of that damage exceeds $500.00 the offense is a Class I felony. Other scenarios, such as doing damage to public utilities, are automatically felony-level criminal charges. What’s the difference between criminal damage to property and vandalism? Nothing. They’re simply different words used to describe the same criminal conduct.
At Van Severen Law Office, S.C., we dedicate our entire practice to defending individuals charged with crimes throughout Wisconsin. Whether it’s a charge like vandalism, a serious felony, or any other criminal offense, we can help. Contact us at (414) 270-0202 and let’s discuss how our firm can help you.
What is criminal damage to property? Section 943.01 of the Wisconsin Statutes
Criminal damage to property certainly sounds straightforward. Someone damaged property in a criminal manner, right? But it’s a little more complicated than that. The law builds in a few important terms that you must understand when analyzing a criminal damage case.
Section 943.01 of the Wisconsin Statutes defines criminal damage to property:
(1) Whoever intentionally causes damage to any physical property of another without the person’s consent is guilty of a Class A misdemeanor.
This is the “normal” situation in criminal damage to property cases. Someone vandalized the property of someone else, and no other aggravating factors exist. So let’s talk about when criminal damage to property becomes a felony:
When is criminal damage to property a felony?
Importantly, this crime becomes a Class I felony in the following circumstances:
The property damaged is a plant, material taken, extracted, or harvested from a plant, or a seed or other plant material that is being used to grow and develop a plant.
The plan involved must be grown as feed for animals being used or to be used for commercial purposes, or in connection with plant research and development.
The property damaged is a machine operated by the insertion of coins, currency, debit cards, or credit cards.
The person acted with intent to commit theft from said machine.
And finally, the total property damages total between $500.00 and $2,500.00. (If it’s over $2,500.00, it’s a felony anyway. See next.)
The defendant reduced the value of the property by at least $2,500.00.
The property involved was owned by a public utility/common carrier, and the damage is of the kind which is likely going to impair the services of the public utility/common carrier.
The property involved belongs to a petit/grand juror and the damage was caused by reason of a reaction to a verdict.
The damage occurs on state-owned land listed with the DNR’s registry of prominent features in the landscape.
The property damaged is a plant/plant material, being grown as feed for animals, or to be used for commercial purposes, or for plant research and development.
The property damaged is a vending machine, the person acted with intent to commit theft from the machine, and the property damage ranged between $500.00 and $2,500.00.
What are the elements of the crime?
The government must prove all of the elements (or parts) of a crime beyond a reasonable doubt before they can convict you of it. This offense is no exception. Wisconsin Criminal Jury Instruction 1400, provides the elements of misdemeanor criminal damage to property:
The defendant caused damage to physical property; and
The defendant intentionally caused the damage; and
The property belonged to another person; and
The defendant caused the damage without the consent of the owner; and
The defendant knew the property belonged to another person and knew that the other person did not consent to the damage
“Damage” includes anything ranging from simply defacing property to complete destruction of that property. “Intentionally” means the defendant has the mental purpose to damage the property, or knew that his conduct was practically certain to cause damage to the property.
As should be clear, these are the jury instructions for misdemeanor criminal damage to property. The elements for the other versions of this offense are different.
Criminal damage to property is a commonly charged criminal offense in Wisconsin. It can stem from vandalism incidents, fights, and other violent scenarios. To speak with a criminal defense attorney about your charge, contact Van Severen Law Office, S.C. at (414) 270-0202.
How do we win my criminal case?
Frequently criminal damage to property cases involve testimony from witnesses who claim you’re responsible for the damage. This could be individuals who allegedly saw you commit the act. Alternatively, they could be witnesses who observed security footage or other evidence that points in your direction. How clear is the video? Does the person have anything to gain by fingering you as the defendant? Finally, is the witness simply lying? Investigating all of these issues is an important start to presenting a strong defense to the criminal charges you’re facing.
Does any of our investigation lead to pre-trial motions that could change the trajectory of your case? During their investigations, police frequently use search warrants to obtain evidence against the defendant. Was the search warrant prepared properly? Does the affidavit in support of said search warrant provide probable cause to believe that there will be evidence of a crime at the location? Exploring motions is important, as they’re powerful tools usually filed in connection with one of your constitutional rights. Winning a motion could lead to suppression of evidence (for example, the hammer used to damage property) and a potential dismissal of charges against you (if the government cannot prove their case without use of the suppressed evidence).
Trial is always an option if we’re unable to achieve a pre-trial resolution you’re happy with. Some criminal defense attorneys are intimidated by the prospect of trial. At Van Severen Law Office, we welcome the opportunity to fight your case in front of a jury.
Van Severen Law Office, S.C. defends Wisconsinites facing criminal charges throughout the state.
Criminal damage to property charges are serious. Whether your charges are misdemeanors or felonies, they both carry significant penalties and a conviction will change the rest of your life. At Van Severen Law Office, we’ve been defending individuals charged with this crime since we first started our firm. We’ve defended this case at trial, we’ve won dismissals for our clients, and we remain dedicated to fighting on behalf of our clients throughout Wisconsin.
Finally, at Van Severen Law Office, we offer free consultations to potential clients. Come in, sit down with one of our criminal defense attorneys, and talk about your case. We’ll answer your questions and begin planning how to defend your case. To schedule your consult, or to simply talk about your case over the phone, give us a call at (414) 270-0202.
