Property Crimes in Arizona

Property Crimes in Arizona
Everything You Need to Know

Introduction

Property crimes encompass many different types of offenses and are among the more frequent of reported criminal activity. In 2019 alone, the FBI reported 55,974 incidents of property crimes in the state of Arizona, compared to 11,803 incidents of violent crimes.

One reason there is such a high number of property crimes in the state is that a number of offenses are lumped under the term property crimes including cases of property damage, burglary, and arson. Along with the wide range of offenses included under property crimes, there is also an array of penalties based on the type of crime committed and its severity, ranging from misdemeanors to serious felonies.

What are Property Crimes?

It is important to understand what property crimes constitute in Arizona, as often individuals may not even realize they are engaging in criminal behavior when committing property crimes.

If you have been charged with a property crime, the prosecution will bear the burden of proving beyond a reasonable doubt that the crime was committed. This is a very high standard. An experienced attorney will help you in defending your case, making it more difficult for the prosecution to meet their burden. With the help of an attorney, your charge may be mitigated or dismissed all together, avoiding any penalties.

The most common property crimes are listed and explained below. The purpose of this article is to give an overview as to the major property offenses. If you have been charged with a property crime, it is best to contact an attorney as soon as possible so they can assess your specific case.

Criminal Property Damage or Vandalism

Criminal property damage, more commonly known as vandalism, occurs where a person recklessly:

  • Defaces or damages property of another person
  • Tampers with property of another person so as to substantially impair its function or value
  • Damages property of a utility
  • Parks any vehicle in such a manner as to deprive livestock of access to the only reasonably available water supply
  • Draws or inscribes a message, slogan, sign, or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without the permission of the owner
  • Intentionally tampers with utility property.

Criminal property damage could come up in any number of situations. Examples include putting graffiti on a building, keying one’s vehicle, or destroying personal property.

To commit criminal property damage, one must act recklessly, or in the case of tampering with utility property, intentionally. To act recklessly means a person must be aware of, but consciously disregard, a substantial and unjustifiable risk that a harmful result will occur from the circumstances when committing the property damage. To act intentionally, a person should have the conscious objective that a specific result will occur when engaging in the property damage.

Penalties for criminal property damage will be dependent on the value of the damage caused and can range from a Class 2 misdemeanor to a Class 4 felony. For example, recklessly damaging property in an amount of $10,000 or more will be a Class 4 felony, which has a maximum prison sentence of 3.75 years. However, where a person damages property of another in an amount over $250, but less than $1000, is liable for a Class 1 misdemeanor, with a maximum prison sentence of six months.

Arson

Arson is another common criminal property crime. In Arizona, arson is broken down into three categories:

  • Reckless burning
  • Arson of a structure or property, or
  • Arson of an occupied structure

To commit reckless burning, a person must recklessly cause a fire or explosion which results in damage to an occupied structure, a structure, wildland, or property. Reckless burning is a Class 1 misdemeanor, with a maximum of six months in prison. A person may also be subject to various fines because of their participation in the crime.

When committing arson of a structure of property, a person knowingly and unlawfully damages the structure by knowingly causing a fire or explosion. This is a Class 4 felony when the property value exceeds $1,000. Penalties becomes less severe with the decrease in value of the property.

A person commits arson of an occupied structure by knowingly and unlawfully damaging an occupied structure by knowingly causing a fire or explosion. Arson of an occupied structure is a Class 2 felony, with sentences ranging from 4 to 12.5 years.

Criminal Trespass

Criminal trespass can be committed in three degrees, with the first degree having the most severe punishment. Third degree criminal trespass occurs where a person knowingly enters or remains unlawfully on any real property after a reasonable request to leave by a law enforcement officer, the owner or anyone in lawful control of the property, or reasonable notice of prohibited entry.

Criminal trespass in the third degree is a Class 3 misdemeanor. Second degree criminal trespass is a Class 2 misdemeanor, and first degree is either a Class 6 felony or Class 1 misdemeanor.

Burglary

Similar to criminal trespass, burglary has three degrees as well. Burglary in the third degree is committed where a person enters or remains unlawfully in or on a nonresidential structure with the intent to commit any theft of any felony therein. Burglary can also be committed when unlawfully entering a motor vehicle with the intent to commit a theft or felony in the vehicle.

Burglary in the third degree is a Class 4 felony. Burglary in the second degree is a Class 3 felony and occurs where the burglary materializes in a residential structure. First degree burglary is committed where a person commits a burglary while knowingly possessing explosives, a deadly weapon, or a dangerous instrument in the course of committing any theft or any felony. When committed in a nonresidential structure, fenced commercial property, or residential yard, it is a Class 3 felony. It is a Class 2 felony if committed in a residential structure.

Defenses to Property Crimes

Common defenses to property crimes are listed below. Defenses will be specific to the facts and circumstances of the case and a lawyer will best be able to determine which defenses are applicable to an accused person’s specific situation.

  • Necessity: A necessity defense is available where the person committed the offense only because they had no other reasonable alternative and in the absence of the offense, a greater public or private harm would have occurred.
  • Renunciation: Renunciation can be a defense where an alleged offender withdrew their participation in the act prior to its occurrence and made substantial efforts to prevent the occurrence of the criminal act.
  • Reasonable Belief: Where the offender had a reasonable belief that they had permission to enter or use the property, they may not be held liable for a criminal property offense.

Contact an Attorney for Representation

To determine what type of property crime you are being charged with, to what degree, and how best to defend that charge, it is best to contact an experienced attorney, familiar with Arizona property crime laws to help guide you in either mitigating or completely dismissing your case.

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