If you are charged with Malicious Destruction of Property in Massachusetts, you need to consult with a criminal defense attorney who specializes in property damage, ASAP!
To convict someone of Malicious Destruction of Property in Massachusetts, the State has to prove beyond a reasonable doubt that:
- The defendant destroyed or injured another person’s property,
- The defendant acted willfully, in other words, intentionally, and,
- The defendant acted in a malicious manner, in other words, the action was an act of revenge, cruelty or hostility, even though the defendant might not know the owner of the property.
Is Malicious Destruction of Property a Misdemeanor or a Felony?
In Massachusetts, any crime punishable by jail time in a state prison is a felony; all other crimes are misdemeanors.
- Felonies include, among others, murder, arson, rape and robbery.
- Misdemeanors include first or second drunk driving offenses, disorderly conduct and many criminal motor vehicle offenses.
If you are charged with malicious destruction to property valued at over $250, then that is a felony in Massachusetts. If it is under $250, then it is a misdemeanor.
Malicious destruction of property over $250 is punishable by:
- Imprisonment in the state prison for not more than ten years, and
- By a fine of three thousand dollars, or three times the value of the property destroyed or injured, whichever is greater.
Malicious destruction of property under $250 is punishable by:
- A fine of three times the value of the damage to the property, or
- Up to 2½ months imprisonment.
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If you are facing criminal charges, call The Law Offices of Elliot Savitz & Scott Bradley, at (781) 974-3429.
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