Michigan Criminal Defense Lawyer | Farmington Hills Criminal Attorney
MICHIGAN MALICIOUS DESTRUCTION OF PROPERTY ATTORNEY
Under Michigan law, criminal property damage is charged as Willful and Malicious Destruction of Property (‘MDOP’). MDOP occurs when a person willfully and maliciously destroys or damages the property of another person. A malicious destruction of property charge requires an intent to damage the property – if your charge arises from an accident or if the property belonged to you rather than the victim, you may have a case that could result in a negotiated dismissal or an acquittal at trial.
This offense can be charged as a misdemeanor or a felony depending upon the value of the damage done and the defendant’s prior convictions. It may be possible to negotiate a charge reduction or even avoid a conviction altogether if the defendant is willing to pay restitution to the victim. Paying restitution should only be considered after consultation with an attorney and, generally speaking, any payment arrangement should be made through an attorney in order to avoid self-incrimination and to maximize the benefit of such action on the outcome of the case.
Michigan Misdemeanor Malicious Destruction Of Property
- If you have no prior convictions for MDOP and the value of the damage is less than $200.00, you can be charged with a misdemeanor punishable by a maximum of 93 days in jail and a fine of $500.00 or 3 times the value of the damage, whichever is greater.
- If you have a prior conviction for MDOP or if the value of the damage is $200.00 or more but less than $1,000.00, you can be charged with a misdemeanor punishable by a maximum of one year in jail and a fine of $2,000 or three times the value of the damage, whichever is greater.
Felony Malicious Destruction Of Property
You can be charged with a felony punishable by up to 5 years in prison and a fine of $10,000 or three times the value of the property damage, whichever is greater if any of the following apply to your offense:
- The value of damage is between $1,000.00 or more but less than$20,000.00 or
- You have one or more prior convictions of this offense.
You can be charged with a felony punishable by up to 10 years in prison and a fine of not more than $15,000.00 or 3 times the property damage, whichever is greater, if any of the following apply to your charge:
- The amount of the damage is $20,000.00 or more or
- You have 2 or more prior convictions for committing MDOP.
If you’d like to discuss your malicious destruction of property charge with an experienced Michigan criminal attorney, call Jeffrey Buehner for a free consultation at (248) 865-9640 or fill out our Free Consultation form.
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