Property damage in Missouri is an interesting charge, and it’s interesting because it’s like a negotiation tactic more than anything else.
Property damage is a very low-level crime. Many clients could be charged with tampering for damaging a person’s car. Or a burglary where they break down a door to get into a building. Those crimes could be lowered to property damage because you hurt somebody else’s property.
Property damage can happen anyplace, anytime. If another person’s property is hurt, that is property damage. Whether it is a misdemeanor or a felony depends on the value of the damaged property. And that is another way we can negotiate downwards from a more serious crime to a lower-level offense.
A good attorney can take a more serious crime and reduce it to property damage. Let us know if we can help you.
PROPERTY DAMAGE – FELONY STATUTE
569.100. Property damage in the first degree — penalties. —
1. A person commits the offense of property damage in the first degree if such person:
(1) Knowingly damages property of another to an extent exceeding seven hundred fifty dollars; or
(2) Damages property to an extent exceeding seven hundred fifty dollars for the purpose of defrauding an insurer; or
(3) Knowingly damages a motor vehicle of another and the damage occurs while such person is making entry into the motor vehicle for the purpose of committing the crime of stealing therein or the damage occurs while such person is committing the crime of stealing within the motor vehicle.
2. The offense of property damage in the first degree committed under subdivision (1) or (2) of subsection 1 of this section is a class E felony, unless the offense of property damage in the first degree was committed under subdivision (1) of subsection 1 of this section and the victim was intentionally targeted as a law enforcement officer, as defined in section 556.061, or the victim is targeted because he or she is a relative within the second degree of consanguinity or affinity to a law enforcement officer, in which case it is a class D felony. The offense of property damage in the first degree committed under subdivision (3) of subsection 1 of this section is a class D felony unless committed as a second or subsequent violation of subdivision (3) of subsection 1 of this section in which case it is a class B felony.