Injury to personal property definition; Injury to personal property is defined as the wanton or willful injury to the personal property of another. Well, injury to personal property can either be a class 1 misdemeanor or a class 2 misdemeanor, depending almost entirely on how much damage was caused by what you did. If more than $200 worth of harm is done, it’s considered Class 1 and punishable with 120 days in jail if convicted (the most). But if under that amount damages were inflicted–then it would only take 60 days behind bars for conviction at your next court date!
Injury to personal property usually involves a conflict between individuals that have a previous relationship with each other that escalates into one party taking action against the property of the other in retaliation. If you and your significant other get involved in a fight in a domestic context, one party may leave the family residence. On their way out, they may take their anger out on their better half’s car by slashing or keying it in an attempt to injure them, but what about when both parties own the vehicle? Does that mean property belongs to “another?” And how do we define personal property?
One basic and most common difficulty in proving injury to property charges is that the retaliatory actions are often committed outside of a person’s presence. Often, there is no way of telling who was behind it. For example, if you go inside for dinner at a restaurant, find your car keyed when you come back out after eating – how do we prove that this malicious act wasn’t done by someone else? If either one of these offenses happens to be laid against us without any evidence or proof as such, well, what can anyone say about our guilt or innocence?
Other complications arise when the property “of another” is possessed by a company. Specific facts must be alleged in this situation, and failure to adequately allege may render the charges fatally defective. Many other issues that arise concerning injury to personal property can likewise be found in cases of injury done to real estate properties.
Other examples include when your phone gets thrown on the ground during an argument, dents, and scratches. Since “injury” is all that’s required for the classification of personal property as class 1 or class 2 injury to personal property in a civil trial, valuation is fundamental. The amount of damage done determines whether it was just a tiny dent from someone stepping on their cell phone, but if there are more expensive damages like broken glass, this may be classified as Class II Injury.
At Arnold & Smith, PLLC, our attorneys have decades of experience defending criminal charges like injury to property. If someone has caused damage to your property and you want the proper course of action is taken out against them, then contact us today!
What is the legal definition of personal property?
Any movable thing or intangible item of value capable of being owned by a person and not recognized as real property.
Although it seems like an obvious concept, the definition of ‘property can vary depending on geographical location.
What are the three types of personal property?
The three types of personal property are tangible, intangible, and listed. Tangible includes physical objects such as vehicles or furniture, while intangible is made up of stocks and bonds, intellectual property like patents, or copyrights.
What is Public Property Damage Act?
An act to prevent damage and harm done to public property, preserve national security, and enhance good governance.
What are examples of property damage?
Property damage is a reality of life. Something will inevitably happen to your home, and the best thing you can do for yourself is getting insurance against it!