Destruction of Property
Destruction of property is a very serious charge in Virginia. Destruction of property can be a misdemeanor or felony, depending on what was destroyed. Often these charges stem from an occasion where the parties are angry or a fight has occurred. If you are found guilty not only will you potentially face jail and a fine, but also payment of restitution is usually accompanied with a conviction. You can read the statutory language below.
- 18.2-137: Injuring, etc., any property, monument, etc.
- If any person unlawfully destroys, defaces, damages or removes without the intent to steal any property, real or personal, not his own, or breaks down, destroys, defaces, damages or removes without the intent to steal, any monument or memorial for war veterans described in § 15.2-1812, any monument erected for the purpose of marking the site of any engagement fought during the War between the States, or for the purpose of designating the boundaries of any city, town, tract of land, or any tree marked for that purpose, he shall be guilty of a Class 3 misdemeanor; provided that the court may, in its discretion, dismiss the charge if the locality or organization responsible for maintaining the injured property, monument, or memorial files a written affidavit with the court stating it has received full payment for the injury.
- If any person intentionally causes such injury, he shall be guilty of (i) a Class 1 misdemeanor if the value of or damage to the property, memorial or monument is less than $1,000 or (ii) a Class 6 felony if the value of or damage to the property, memorial or monument is $1,000 or more. The amount of loss caused by the destruction, defacing, damage or removal of such property, memorial or monument may be established by proof of the fair market cost of repair or fair market replacement value. Upon conviction, the court may order that the defendant pay restitution.
Being convicted of destruction of property can result in time in jail, as well as a fine and a criminal record. The lawyers at Jurach, Tacey & Quitiquit regularly handle these types of cases in Hanover, Henrico, Chesterfield and the Metro Richmond Area. If you are charged with a crime contact one of the lawyers at Jurach, Tacey & Quitiquit.