Kentucky Criminal Defense Attorney

Criminal Damage of Property


Criminal damage of property encompasses a number of serious crimes against someone’s property. Many of the crimes committed end up costing the owner of the property hundreds and thousands of dollars in repairs and damages. This can be a severe financial hit for a family whose home was burned down due to arson or a business that was vandalized and looted. Due to the serious nature of the crimes, these offenses carry heavy penalties that could result in an offender being locked up behind bars for many years.

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Criminal mischief in the first degree is one of the most serious criminal damage to property crimes in Kentucky. A person is considered guilty of this crime if they have defaced the property of another without having the right or reason to believe they have the right to do so. The damage done to the property must result in at least $1,000 in order to be criminal mischief in the first degree. This crime is considered a Class D felony in the Kentucky penal code.

Criminal mischief in the second degree occurs once again when a person does not have the right or any reason to believe they have a right to cause damage to another person’s property. The big difference between first and second degree criminal mischief is that the cost of the damage for a second degree offense has to be $500 but no more than $1,000. This crime is a Class A misdemeanor.

Criminal mischief in the third degree is almost the same as the previous two with the addition of tampering with property knowing that the tampering may cause damage to the individual’s property. This offense is a Class B misdemeanor.

Another type of crime that causes massive property damage is arson in the first and second degree. Arson in the first degree occurs when a person sets a building on fire with the intent to destroy it or damage it or cause an explosion. You can also be charged with arson in the first degree if there are people in the building or the arsonist believes there might be people in the building. Arson in the first degree is a Class A felony offense. Arson in the second degree is when a person starts a fire with the intent to destroy or damage a building that belongs to another or that he himself owns as a means to try and collect insurance money from the loss of the property. This is a Class B felony.

The penalties for these crimes vary depending on whether they are a misdemeanor or a felony. Misdemeanors have less severe punishments than felonies and can be expunged from your record later on. A Class A misdemeanor crime can get you locked up for a year at the max. A Class B misdemeanor is usually a three month prison sentence. A Class A felony is the most severe felony conviction you can get. It usually means a 20 to 50 year prison sentence or a life sentence. A Class B felony is 10 to 20 years in prison. If you are convicted of a Class D felony, you can expect to spend a maximum of five years in prison.

Due to the lengthy prison sentences that you face from these crimes, it is important to consult with a lawyer as soon as possible. You need a defense attorney who can make sure that your trial is fair and that all evidence obtained against you was obtained without violating any of your Constitutional rights. A good attorney will also ask witnesses tough questions that could serve to put some doubt on your guilt for these property damage crimes.