What Happens If You Damage Someone’s Property in Massachusetts?

What Happens If You Damage Someone’s Property in Massachusetts?

In Massachusetts, damaging someone else’s property can lead to criminal charges, including malicious destruction of property or wanton destruction of property under Massachusetts General Laws Chapter 266, Section 127.

Whether the case is treated as a misdemeanor or felony often depends on the value of the damage and how the prosecution describes the conduct. In general, cases involving property damage alleged to exceed $1,200 are treated more seriously than cases where the damage is not alleged to exceed $1,200.

Misdemeanor vs. Felony Property Damage

If the value of the damage is not alleged to exceed $1,200, the case is generally treated as a misdemeanor. If the damage is alleged to exceed $1,200 and the conduct is charged as willful and malicious, the case may be prosecuted as a felony.

Massachusetts law also distinguishes between willful and malicious destruction and wanton destruction. Willful and malicious destruction generally requires proof that the person intended both the act and the harmful result, while wanton destruction involves reckless or indifferent conduct in disregard of probable consequences. Massachusetts jury instructions explain this distinction in the context of willful and malicious destruction of property.

For a detailed breakdown, see: Felony vs. Misdemeanor Property Damage in Massachusetts Explained.

Penalties for Property Damage

The consequences can be more serious than many people expect. Under Massachusetts law:

• If the damage is not alleged to exceed $1,200: punishment may include a fine of up to three times the value of the damage or imprisonment for up to 2½ years.
• If the destruction is willful and malicious and the damage exceeds $1,200: penalties may include up to 10 years in state prison, a fine of $3,000 or three times the value of the damage, whichever is greater, and imprisonment in jail for up to 2½ years.
• If the destruction is wanton: penalties may include a fine of $1,000 or three times the value of the damage, whichever is greater, or imprisonment for up to 2½ years.

The court may also address restitution, meaning repayment for the cost of repairing or replacing the damaged property.

If you are unsure how Massachusetts classifies these cases, we cover more in Is Property Damage a Felony in Massachusetts?.

Defending Against Property Damage Charges

Not every allegation of property damage leads to a conviction. Depending on the facts, a defense attorney may challenge whether the damage was intentional, whether the defendant acted maliciously or wantonly, whether the property belonged to another person, whether the damage amount is accurate, or whether the defendant was correctly identified.

Common defense issues may include:

• The damage was accidental
• The defendant did not act with the required intent
• The damage amount was inflated or unsupported
• The wrong person was accused
• The prosecution cannot prove ownership or value
• The evidence does not support a felony-level charge

For broader defense strategies, see How to Beat a Criminal Charge in Massachusetts.

Why Legal Help Matters

Even a misdemeanor property damage conviction can leave you with a criminal record, fines, restitution, probation, and court conditions. A felony charge can carry much more serious consequences, including the possibility of state prison and long-term effects on employment, housing, licensing, and reputation.

If you are facing property damage charges in Massachusetts, it is important to speak with a criminal defense attorney before making statements, agreeing to restitution, or appearing in court without guidance.

If you are facing property damage charges, contact The Law Offices of Elliot Savitz & Scott Bradley for a confidential consultation today.