If You’ve Been Charged With Damage to Property Crime in Minnesota, Contact Attorney Joshua London Right Away!
In Minnesota, criminal-level property damage is a severe offense. It can be charged as either a misdemeanor or felony, with a conviction resulting in imprisonment and thousands of dollars in fines. The penalties can negatively impact your life for years on end. For example, a mark on your criminal record could make it challenging to get a job or find a place to live. If you’ve been accused of criminal property damage, you need a lawyer who can fight your charge and seek a favorable outcome on your behalf.
London Defense is experienced in dealing with property damage cases. We are well-versed in all laws and will build a defense with the best result in mind. When you hire us, your case will receive the attention it needs from beginning to end. Additionally, we’re accessible and available 24/7.
Property Damage Laws in Minnesota
In Minnesota, criminal property damage is defined as causing physical damage to someone else’s possessions without consent. This can include physical structures like homes and businesses and personal belongings like vehicles, electronics, or jewelry. Legal cases often involve determining liability and assessing the financial compensation required to repair or replace the damaged property.
Common Types of Property Damage Cases
- Vehicle Accidents: Damage resulting from collisions or other traffic-related incidents.
- Negligence: Property harmed due to someone’s failure to exercise reasonable care, such as a contractor damaging your home during renovations.
- Vandalism or Intentional Acts: Deliberate actions, such as graffiti, broken windows, or arson, that harm property.
- Storm or Natural Disaster Damage: Disputes with insurance companies over coverage for weather-related damages like hail, flooding, or windstorms.
- Defective Products: Faulty appliances or equipment that cause fires, leaks, or other property damage.
Four degrees of these offenses exist, separated based on the varying degrees.
Criminal Damage to Property 1st Degree in Minnesota
A person can be charged with a first-degree offense if:
- The damage they caused put another person at risk of bodily harm;
- The public safety vehicle to the point that its service was substantially impaired or interrupted or the damage caused a risk of bodily harm;
- The damaged property’s value was reduced by over $1,000; or
- The damaged property’s value was reduced by $500, and the individual had previously been convicted of an offense within the past 3 years
First-degree criminal damage to property is a felony. A conviction is punishable by up to 5 years imprisonment and/or a fine of up to $10,000.
Criminal Damage to Property 2nd Degree in Minnesota
A second-degree charge is brought up when:
- Causes damage that reduces the value of the property by between $500 and $1,000 or damages a public safety vehicle and
- The offense was carried out because of the alleged victim’s actual or perceived race, ethnicity, or sexual orientation.
Criminal damage to property in the second degree is also a felony. It can result in up to 1 year, 1 day of imprisonment, and/or a fine of up to $3,000.
Criminal Damage to Property 3rd Degree in Minnesota
An individual may be accused of committing a third-degree offense if they…
- Cause damage that reduces the value of the property by between $500 and $1,000 or
- Cause damage to a public safety vehicle
The conviction penalties for third-degree criminal property damage include up to 1 year in jail and a fine of up to $3,000.
Determining Liability in Property Damage Cases
Property damage cases hinge on establishing who is responsible for the harm. Liability can arise from:
- Negligence: If the damage occurred due to carelessness, such as a neighbor’s tree falling on your home because it wasn’t properly maintained.
- Intentional Acts: For example, if someone deliberately vandalizes your property.
- Strict Liability: In cases like defective products, the manufacturer may be held responsible even if they didn’t act negligently.
How Compensation Is Calculated
Compensation in property damage cases typically covers:
- Repair or Replacement Costs: The expenses required to fix or replace the damaged property.
- Loss of Use: Costs associated with being unable to use the property, such as renting a car after a vehicle is damaged.
- Diminished Value: If the property loses value even after repairs are made.
- Emotional Distress: In some cases, courts may consider the emotional impact of losing or damaging personal property.
How London Defense Can Help
Navigating property damage charges can be complex, especially when insurance companies or opposing parties attempt to minimize payouts. At London Defense, our skilled attorneys employ various strategies to effectively defend against property damage charges, ensuring your rights are protected and you achieve the best possible outcome. Here are some ways we can assist you:
- Investigating the Circumstances: We thoroughly investigate the incident, gathering evidence such as eyewitness statements, photographs, and expert testimonies. This comprehensive approach helps us understand your case’s specifics and identify gaps in the prosecution’s evidence.
- Challenging Liability: Establishing liability is crucial in property damage cases. We will examine the actions of all parties involved, looking for evidence of negligence or intentional acts that may absolve you from responsibility or reduce your level of culpability. We will present this evidence to facilitate your defense if a third party, defective product, or unforeseen natural event caused the damage.
- Negotiating with Prosecutors: We are skilled negotiators and can engage with prosecutors to explore possible plea bargains or reduced charges. If we demonstrate that the evidence against you is weak or that there are mitigating factors, we may negotiate for lesser penalties or alternative resolutions.
- Examining the Damage Claims: We meticulously analyze the claims made regarding the extent and cost of the damage. Sometimes, damages are exaggerated, and we can contest inflated estimates or seek clarification on the property’s actual value.
- Presenting a Defense Strategy: Depending on the circumstances of your case, we may formulate various defenses, such as lack of intent, mistake, or justification. For example, if the damage was an accident rather than intentional, we will emphasize this point during legal proceedings.
- Utilizing Expert Witnesses: In cases involving technical aspects like vehicle damage or construction errors, we might enlist expert witnesses who can provide valid testimony to support your case.
- Preparing for Trial: We will ensure you are well-prepared with a robust defense strategy if your case goes to trial. We will represent you throughout the process, advocating aggressively to secure a favorable verdict.
- Providing Continuous Support: We are committed to being accessible and supportive throughout your case. We will keep you informed and answer any questions, ensuring you feel confident and prepared to face your charges.
At London Defense, we understand that a property damage charge can severely affect your life. By offering comprehensive legal support and a personalized approach to defense, we strive to protect your rights and help achieve the best possible resolution for your case. Contact us today to discuss your situation and how we can assist you.