Our criminal defense attorneys at the Barkemeyer Law Firm provide defense representation to those charged with Criminal Mischief and Criminal Damage to property in New Orleans, Louisiana. Contact us to discuss your case.
Criminal Mischief Lawyer in New Orleans, Louisiana
The criminal charge of Criminal Mischief in New Orleans, Louisiana is a misdemeanor offense that carries a sentencing range of 0-6 months in jail. Criminal Mischief can include a variety of illegal conduct such as: intentionally keeping the owner of property from enjoying full use of his property, pulling a fire alarm falsely, making a false report with law enforcement, not leaving a place of business after being asked to by the owner, and shooting a firearm at a train, and others. This charge is not like a traffic ticket. It can stay on your record and affect your reputation unless handled properly.
Simple Criminal Damage to Property in New Orleans, Louisiana
The crime of Simple Criminal Damage to Property in New Orleans, Louisiana can be either a misdemeanor or felony offense. Criminal Damage to Property is charged when facts support that there exists damage to the property of the victim, except by fire, when the offender intended the damage. If the damage is less than $1000 worth, the charge will be a misdemeanor punishable by 0-6 months in jail. If the value of the damage is over $1000 but less than $50,000, the charge becomes a felony with a sentencing range of 0-2 years in prison and/or a a fine of up to $1,000. If the value of the damage is over $50,000, the offender could be looking at 1 to 10 years in prison and a fine of up to $10,000. Additionally, a judge may order the offender to reimburse the victim for the damage. This charge gets worse as the value increases.
Aggravated Criminal Damage to Property in New Orleans, Louisiana
The charge of Aggravated Criminal Damage to Property is a more serious charge. It involves the intentional damage to the property of another, without their consent, when it is foreseeable that someone could get hurt. This charge carries a sentencing range of 1 to 15 years in prison and a fine of up to $10,000. This means that the defendant would have to do at least a year in prison if convicted.
Defenses to Criminal Damage to Property
There are some defenses to these charges. Our New Orleans criminal damage to property lawyers know how to assert these defenses. The damage must have been done intentionally. The prosecutor must be able to prove to a judge or jury beyond a reasonable doubt that the defendant intended to damage the property of another without their consent. For example, if someone is accused of “keying” the victim’s car, but no eyewitnesses exist, the prosecutor may have issues with proof. The defendant may have walked by the care, but grazed the car accidentally, while holding his keys.
Criminal Damage to Property Lawyer in New Orleans
Criminal damage to property in New Orleans covers a series of crimes including crimes of criminal tampering, criminal mischief, defacement, use and possession of injurious substances, and desecration that could cause damage to someone else’s property. A person who intentionally damages the property of another without any reasonable ground or the consent of the owner may be charged to court for criminal damage to property.
Upon criminal damage to property charge, it is important for the offender to respond to the charge with the representation of a criminal damage to property lawyer in New Orleans. It would be a grievous mistake with a regrettable consequence to leave the part of a criminal damage to property lawyer in New Orleans out of such case. Barkemeyer Law Firm law firm gives representation on all criminal damage to property cases in Orleans Parish and New Orleans, Louisiana.
Criminal damage to property crime encompasses different types and forms of damage to property. This crime includes different types of violations that may endanger the safety of the public, obstruct transportation and movement, and interferes with public utilities like water. Physical damage to real property is duly punished in New Orleans under the law guiding Louisiana.
The criminal violations for which you need the help of criminal damage to a property lawyer in New Orleans include:
Criminal Tampering: This is the intentional damage or interruption to public utility or services. It is an unauthorized or illegal presence and meddling to another person’s property. Any person illegally found on another person’s property with the intent to tamper the with structures and properties has violated the property law and maybe be charged with criminal damage to property.
Criminal Mischief: if the crime involves damage to property without the rights to, the defendant has committed criminal mischief. Criminal mischief violation includes intentionally obstructing the owner of a property from enjoying the full use, making a false report, shooting a firearm, intentionally pulling a site alarm falsely and others.
Use of injurious substances: this involves the using or depositing of noxious or offensive substances such as a bomb into someone else’s property, building or land without the consent of the property owner. This act interferes with the use of the property.
Criminal Desecration: defacing, destroying, or vandalizing property is a crime. It is a crime to vandalize any gravestone, monument or any memorial structures. Littering can also be a violation of a property and is punishable under the law.
A person who is charged with criminal violation of any form listed above on someone else’s building or vehicle with the intention to obstruct the use of such structure (land, building or vehicle) is punished according to the law. If you are being charged or investigated for engaging in a property damage crime, you will need a tough and experienced criminal damage to a property lawyer in New Orleans to ensure that your interest and right is protected.
Penalty for Criminal Damage to Property
Simple criminal damage is charged as a misdemeanor, which involves a legal consequence of a short jail sentence of less than one year. Less serious violation such as littering attracts a simple fine. More serious offenses and repeat offenses may, however, result in a harsher consequence or felony charge. A felony offense is punishable by a high criminal fine or jail term greater than one year.
Criminal damage to property crime in New Orleans can either be charged as a misdemeanor or felony offense depending on the worth of the property. Before criminal damage to property charge can be placed on you, there has to be evidence showing that the victim’s property was destroyed or damaged by the defendant.
If the worth of the damage is less than $1,000, the case is charged as a misdemeanor, which is punishable by 0 to 6 months of jail time. For damage worth over $1,000 but less than $50,000, the case is charged as a felony with prison time of 0 to 2 years or a fine of up to $1,000 (Offender may sometimes serve both penalties). If the damage is over $50,000, the offender may be put to 1 to 10 years of prison time and a payable fine of up to $10,000. The judge may also order the offender to compensate the victim with the monetary value of the damage done. The penalty for criminal damage gets higher as the value of damage increases.
Criminal damage to a school, agricultural equipment or church that is worth more than $100,000 may attract a fine of up to $25,000 and 15 years in prison.
A good part and less burdening part of criminal damage to property is that it may not always result in confinement or incarceration for the defendant. The defendant can make restitution in the monetary value of the property to compensate the owner of the property. There can be a compensation to the victim for their economic loss.
How to Protect Yourself from The Consequences of Criminal Damage to Property Crime
The first and most important thing to do upon criminal damage to property charge is to seek the legal assistance of a criminal damage to property lawyer in Orleans Parish and New Orleans to give you a fierce and tough representation. You can only fight this case now that you have the opportunity to, the best help you can get is from an experienced lawyer who is willing to defend you aggressively and fiercely in order to protect your rights and interest.
Contact Barkemeyer Law Firm
Barkemeyer Law Firm is an experienced and tough defense attorney in Orleans Parish, New Orleans, and all the environment of Louisiana. He is always ready to treat your case with utmost dedication. Barkemeyer Law Firm is a vibrant criminal defense attorney who is ready to give you the representation you deserve in New Orleans and all Louisiana.
If you or someone you know needs a New Orleans Criminal Property to Damage lawyer, contact us.
201 St. Charles Avenue, Suite 2500
New Orleans, LA 70170