Bail Questions • Charges and Penalties • Arizona
What Are the Vandalism and Criminal Damage Charges in Arizona?
Vandalism in Arizona is charged as criminal damage, graded by dollar value from a class 2 misdemeanor to a class 4 felony.
Quick answer
Vandalism in Arizona is charged as criminal damage, graded by dollar value from a class 2 misdemeanor to a class 4 felony. Under A.R.S. 13-1602, damage under $250 is a class 2 misdemeanor, while $10,000 or more is a class 4 felony. Restitution is ordered on conviction.
What counts as criminal damage under A.R.S. 13-1602
A.R.S. 13-1602 covers recklessly defacing or damaging another person's property, and it is broader than spray paint. The statute lists: damaging or defacing property; tampering with property so as to impair its function or value; parking a vehicle on another's land so livestock cannot reach feed or water; drawing or inscribing a message, slogan, sign or symbol on property without permission, which is the graffiti provision; and intentionally tampering with utility property.
Recklessness is enough; the state does not have to prove the person meant to destroy anything. Breaking a window during an argument, keying a car, kicking in a door at a party, and painting a wall all fit. Damage to a spouse's or roommate's shared property can be charged too and is often tagged as domestic violence under A.R.S. 13-3601, which changes the release conditions.
Penalties by dollar value and aggravated criminal damage
The statute grades the offense by the value of the damage. The statute provides: under $250, a class 2 misdemeanor; $250 to under $1,000, a class 1 misdemeanor; $1,000 to under $2,000, a class 6 felony; $2,000 to under $10,000, a class 5 felony; $10,000 or more, or damage to a utility that causes an outage, a class 4 felony. Under A.R.S. 13-707 a class 1 misdemeanor carries up to 6 months in jail; felony classes carry prison ranges.
Aggravated criminal damage under A.R.S. 13-1604 covers places of worship, schools, cemeteries and agricultural facilities, and starts at a class 6 felony regardless of a low dollar amount. On any conviction the court orders restitution for the repair or replacement cost. How the value is proved, and whether the number can be contested, is a matter for a defense attorney.
Bail for a criminal damage arrest in Maricopa County
Misdemeanor criminal damage usually means a citation or a short booking and release on the person's own recognizance. The exception is the domestic violence designation, which requires an initial appearance and brings a no-contact condition. Felony criminal damage goes through the 4th Avenue Jail and an initial appearance within 24 hours, where bail for the lower felony classes commonly runs a few thousand to $25,000 depending on history and the amount of damage.
When the judge sets a secured bond, the agent confirms the amount and any holds, then posts at the 4th Avenue Jail Bond and Fine Room. The premium is typically 10% of the bond. Domestic violence cases are covered on the domestic violence bail bonds page; the general process is on how bail bonds work.
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Related Questions
Is criminal damage a felony in Arizona?
It depends on the dollar value. Under A.R.S. 13-1602, damage of $1,000 or more is a felony, starting at class 6 and rising to class 4 at $10,000 or for a utility outage. Under $1,000 it is a misdemeanor. Aggravated criminal damage to a church or school starts as a felony.
What is the penalty for graffiti in Arizona?
Graffiti is criminal damage under A.R.S. 13-1602, graded by the cost of removal. Under $250 is a class 2 misdemeanor; higher amounts rise through class 1 misdemeanor to felony classes. Courts order restitution for cleanup, and some cities add their own abatement ordinances.
Do you have to pay restitution for criminal damage?
Yes. On conviction the court orders restitution for the repair or replacement cost of the damaged property, in addition to any fine or jail term. Restitution survives most plea agreements. The amount can be disputed through the defense attorney with repair estimates or receipts.
Is breaking something in your own house criminal damage?
It can be, if the property is jointly owned or belongs to a spouse, roommate or landlord. Damaging shared property during a dispute is often charged as criminal damage with a domestic violence designation under A.R.S. 13-3601, which triggers a mandatory initial appearance and no-contact conditions.
How much is bail for criminal damage in Arizona?
Misdemeanor criminal damage is often own recognizance release. Felony criminal damage bail is set at the initial appearance and commonly runs from a few thousand to $25,000 depending on the amount and the person's history. The premium is typically 10%. Call One Stop Bail Bonds any hour and an agent will walk you through it.
