Orland Park Criminal Damage to Property Attorney

Property Crimes Defense Lawyer for Property Damage, Defacement, and Vandalism Charges

While property crimes can take many forms, they will typically involve actions that result in losses to property owners. While many cases involve theft, others involve accusations that someone has damaged property belonging to someone else. Charges of criminal damage to property can range from a relatively minor offense to a very serious one, depending on the type of property damaged and the value of the damaged property. As one would expect, as the value of the damaged property increases, so too does the class level of the offense. These charges may also cover a common sight we have all seen in the sweltering Chicago heat: an open fire hydrant.

Issa Law, LLC provides criminal defense services for people facing multiple types of charges. We understand the severity of charges involving vandalism, property damage, or other related offenses. We can help determine the ideal strategies for defending against these charges, and we will work to ensure that our clients can resolve these cases successfully.

Vandalism and Related Charges

The severity of offenses in which someone is accused of purposely damaging property owned by others can vary depending on the circumstances involved in a case. In most cases, a person may face criminal charges if they knowingly acted in ways they knew would cause damage to property. However, these charges may also apply if a person is accused of recklessly starting a fire on someone else's land. Under Illinois law, a person acts recklessly when they consciously disregard a substantial and unjustifiable risk and engage in behavior that a reasonable person would avoid. For example, using fireworks in an unsafe manner that starts a fire would likely be considered a reckless act that could lead to charges of criminal damage to property.

Specific charges and penalties for criminal damage to property may include:

• Tampering With a Fire Hydrant: This is a Class B misdemeanor, and a conviction could lead to a sentence of up to 180 days in jail and a maximum fine of $1,500. Probation or court supervision may be possible.
• Damage of Less Than $500 to Property: If the costs of repairing or replacing damaged property are $500 or less, a person may be charged with a Class A misdemeanor. They could be sentenced to up to 364 days in jail, and they may be required to pay up to $2,500 in fines. Probation or court supervision may be possible.
• Discharging a Firearm at a Train: This may result in Class 4 felony charges, and a conviction may lead to a sentence of one to three years in state prison and a fine of up to $25,000. For felony offenses, probation may be possible, but court supervision will not be available.
• Injury to a Domestic Animal Resulting in Damage of Less Than $10,000: This is also a Class 4 felony offense.
• Damage of Between $500 and $10,000 to Property: This is a Class 4 felony.
• Damage of Between $10,000 and $100,000 to Property: This offense is a Class 3 felony, with a potential sentence of two to five years in prison, as well as fines of up to $25,000 or the value of the property damage.
• Damage of More Than $100,000 to Property: This is classified as a Class 2 felony, and a person may face a sentence of three to seven years in prison and fines of up to $25,000 or the value of the damaged property.

Charges will increase if the property damaged was a school, a place of worship, the equipment on a farm, or a memorial to veterans, police officers, firefighters, or members of the U.S. armed forces. In general, these charges are one level higher than the charges that would apply in cases involving damage to other types of property. For example, actions that cause damage of between $500 and $10,000 would be charged as a Class 3 felony rather than a Class 4 felony.

Criminal Defacement of Property

This offense may apply in cases involving vandalism in the form of writing, including paint, carvings, or etching. People may be charged with this offense if they are accused of offenses related to graffiti. These charges may apply regardless of whether or not the damage is permanent or removable. In addition to criminal penalties, a person may be required to pay for any repairs or removal of the defacement and complete up to 120 hours of community service.

Criminal defacement of property is usually charged as a Class A misdemeanor for a first offense in which the costs of repairing or replacing property are $500 or less. A person may be charged with a Class 4 felony for a second offense, if damage is more than $500, or if the defaced property is a school building or a memorial to firefighters, police officers, veterans, or members of the armed forces. In cases where memorials are defaced, resulting in damage valued at more than $500, a person may face Class 3 felony charges. For Class A misdemeanor offenses, probation or court supervision may be possible. For felony offenses, probation may be available, but court supervision will not be possible.

Criminal Damage to Government Supported Property

Government supported property means any property supported in whole or in part with state funds. This includes any governmental office such as courthouses or Secretary of State offices. Public schools in the State of Illinois would also be included in this category. What could start out as a minor prank by a student could result in felony charges. Even if the student only intended to damage a small item (e.g., a desk), they may face charges based on the total value of the damaged property.

In cases involving damage of less than $500, a person may face Class 4 felony charges. For damage of $500 to $10,000, Class 3 felony charges will apply. In cases involving damage of $10,000 to $100,000, a person may be charged with a Class 2 felony. Damage of over $100,000 will result in Class 1 felony charges. Probation may be available in these cases, but court supervision will not be possible.

Institutional Vandalism

In some cases, vandalism may be related to hate crimes directed towards the property of those who are singled out based on factors such as religion, race, color, creed, origin, sexual orientation, or disability. The law protects the buildings and property of people in these protected categories and adjoining grounds owned or rented by any members of these classes. Under the law, anyone convicted of institutional vandalism faces a minimum fine of up to $1,000 and 200 hours of community service. Along with criminal penalties, the law allows a civil lawsuit to be brought by any person suffering damage to their property as a result of a violation of this law. The person may recover compensation for their actual losses, as well as damages for emotional distress, punitive damages, and attorney's fees. Furthermore, a civil judgment against a minor for a violation of intuitional vandalism is binding on the parents or legal guardians of the minor.

Institutional vandalism is charged as a Class 3 felony in cases involving damage of less than $500. Probation may be available in these cases, but court supervision will not be possible. If the damage exceeds $500, or if a person is charged with a second or subsequent violation, an offense is a Class 2 felony. Probation or court supervision will not be available in these cases.

Contact Our Will County Vandalism Defense Attorney

If you have been arrested and charged with offenses involving property damage or vandalism, contact our firm at 708-966-2408 and schedule a consultation to learn about your options for defense.