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In New Orleans, it is illegal to purposefully destroy or damage someone else’s property. While this may seem like a minor crime — and in many incidences, it is — being convicted on a criminal damage to property charge in New Orleans carries stiff financial penalties and can have negative impacts on your future. The most important thing you can do to protect yourself from the severe consequences of a conviction is to hire a New Orleans criminal damage to property lawyer.

When Should I Call a New Orleans Lawyer for Criminal Damage to Property?

If you are charged with criminal damage to property or are even being investigated for this crime, it is important to speak to an experienced New Orleans criminal damage to property lawyer as soon as possible so he or she can begin working on your case and ensuring that your rights are upheld throughout the investigation and the criminal legal process. Even if your charge is a misdemeanor, it can appear on criminal background checks which can create difficulty when you are applying for certain jobs, attempting to secure housing, or even applying to attend college.

Here is What You Need to Know About Criminal Damage to Property in New Orleans

Criminal damage to property in New Orleans is defined as the intentional damaging of any property of another, without the consent of the owner. This includes intentional damage of a dwelling, house, apartment, or other structure used in whole or in part as a home, residence, or place of abode by a person who leased or rented the property.

New Orleans Criminal Damage to Property Laws

There are several laws in place in Louisiana to prevent individuals from committing criminal damage to property crimes. The types of property crimes that an individual can be charged with include:

  • Criminal mischief: This is a misdemeanor crime involving damage to someone’s property as a result of activities such as intentionally preventing a property owner from enjoying full use of their property, pulling a fire alarm unnecessarily, making a false police report, or refusing to leave a business establishment after being asked the property owner or manager.
  • Simple criminal damage to property: This charge is also a misdemeanor that occurs when an individual is suspected of intentionally causing up to $1,000 in damage by any means except by fire or explosion. If the damage is more than $1,000 or an intentional fire was the cause of the damage, the charge becomes a felony and the penalties worsen in accordance with the value of property damage that was sustained.
  • Aggravated criminal damage to property: This charge is given when an individual is suspected of intentionally causing damage to someone else’s property while knowing that there was a high likelihood that someone could get hurt.

Other crimes that can result in a charge of criminal damage to property include criminal tampering, graffiti, use or possession of injurious substances, and desecration resulting in damage to a gravesite or memorial.

New Orleans Criminal Damage to Property Penalties

Individuals who have been charged in Louisiana with criminal damage to property will either receive a summons to appear in court or they could even be arrested for the crime. Upon conviction, the following penalties are assessed:

  • If the criminal damage to property charge involves the crime of graffiti, the defendant faces a fine of up to $500 and community service in order to restore the property that was defaced. If the defacement was done by a minor under the age of 17 who is unable to pay the fine, the minor’s parents will be liable.
  • If the criminal damage to property case involves less than $1,000 in damage, it is charged as a misdemeanor and the defendant faces incarceration of up to six months.
  • If the damage is between $1,000-$50,000, the case is charged as a felony and the defendant faces up to two years in prison and/or a fine of up to $1,000.
  • If the damage is more than $50,000, the defendant faces up to ten years in prison upon conviction, and a fine of up to $10,000. Additionally, the judge can order the defendant to compensate his or her victim for the value of the damage done.
  • Criminal damage to a school, agricultural equipment, or a church that is worth more than $100,000 can result in a fine of up to $25,000 and up to 15 years in prison.
  • In New Orleans, if you are arrested on a charge of criminal damage to property, you will face federal charges.

If you have been charged with criminal damage to property in New Orleans, let our experienced criminal defense attorney help you explore your legal options for avoiding or limiting the consequences you face.

EXPERIENCED NEW ORLEANS CRIMINAL DAMAGE TO PROPERTY LAWYER

The Law Office of Heather C. Ford will give you peace of mind in your criminal damage to property case. She will professionally and effectively represent you on your behalf in front of any prosecutors or judges. Trust that your case will be handled with your best interests in mind.

Serving New Orleans and the surrounding area:

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We are committed to making the legal process as quick and efficient as possible for every client. If you have received criminal damage to property charges in New Orleans, Contact our office immediately to schedule a consultation.

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FAQ

If you are charged and then convicted of criminal damage, you will likely face fines and imprisonment. The severity of these penalties will depend on the value of the damage that was inflicted.

Whether criminal damage to property will be considered a misdemeanor or a felony depends on the value of the damage. If the value of the damage was over $1,000 it would result in felony charges.

Criminal damages occur when someone intentionally damages property owned by someone else, without the property owner’s knowledge and consent. In some cases, damage caused by acting in a reckless manner can also be considered criminal damage to property even though the damage wasn’t intentional.

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