Orland Park Criminal Damage to Property Attorney

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

Criminal Damage to Property can range from a relatively minor offense to a very serious one, depending on the property damaged and, more importantly, 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. It also covers a common sight we have all seen in the sweltering Chicago heat, an open fire hydrant.

While most of the Criminal Damage to Property law bans certain actions committed knowingly, when it comes to starting a fire on someone's land, the individual only has to act recklessly. Under Illinois law, a person acts recklessly when they consciously disregard a substantial and unjustifiable risk that circumstances exist or that a result will follow and that disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation.

Sentencing

Criminal Defacement of Property

Criminal Defacement of Property is the common charge in cases involving graffiti, whether the graffiti is applied to private or public property. In addition to covering graffiti, the offense covers the damage of property by any other writing instrument, including carvings or etching. The law prohibits the above actions regardless of whether or not the damage is permanent or removable. The law also requires that the Courts order a person convicted of Criminal Defacement of Property to pay for any repairs or removal of the defacement and to complete up to 120 hours of community service.

The Sentence

CLASS A MISDEAMENOR IF:

1. A first offense
2. AND
3. The damage does not exceed $500.

• Up to 364 days in county jail
• Fine of up to $2,500

Probation Possible? – Yes.

Supervision Possible? – Yes.

CLASS 4 FELONY IF:

1. The damaged property is a school building, place of worship or if property memorializes or honors police officers, fire fighters, members of the armed forces or veterans.
2. AND
3. The damage does exceed $500;
4. OR
5. If it is a second or subsequent offense.
6. OR
7. The damage exceeds $500.

• 1 to 3 years in state prison
• Fine of up to $25,000

Probation Possible? – Yes.

Supervision Possible? – No.

CLASS 3 FELONY IF:

1. The damaged property is a school building, place of worship or if property memorializes or honors police officers, fire fighters, members of the armed forces or veterans.

AND

1. The damage exceeds $500.

• 2 to 5 years in state prison
• Fine of up to $25,000

Probation Possible? – Yes.

Supervision Possible? – No.

Criminal Damage to Government Supported Property

Government supported property means any property supported either in whole, or even in part, with state funds. This includes any governmental office, counting courthouses and Secretary of State offices. Public schools in the State of Illinois would also be included in the statute and what could start out as a minor senior prank by a student result in felony charges, as outlined below. Even if the student only intended to damage a small item (e.g., a desk), if the damage somehow becomes more severe, the student would be charged based on the total value of the damaged property.

Sentencing

Institutional Vandalism

Institutional Vandalism is the law aimed at hate crimes directed towards the property of those who are singled out based on religion, race, color, creed, origin, sexual orientation, or disability. In addition to protecting the actual buildings and property of the above classes, the law also protects the grounds next to the property, so long as it is owned or rented by any facility related to the above 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 action to be brought by any person suffering damage to their property as a result of a violation of this law. The law allows the person to recover not only actual damages, but 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.

The Sentence

CLASS 3 FELONY IF:

1. Damage does not exceed $500.

• 2 to 5 years in state prison
• Fine of up to $25,000

Probation Possible? – Yes.

Supervision Possible? – No.

CLASS 2 FELONY IF:

1. Damage exceeds $500

OR

1. Second or subsequent violation.

• 3 to 7 years in state prison
• Fine of up to $25,000

Probation Possible? – No.

Supervision Possible? – No.

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.