Damaging or Injury to Personal Property and Real Property
Damaging or injury to personal property and real property comprises both felonies and misdemeanors in North Carolina, and can therefore have some serious consequences if convicted. If you’ve been arrested for criminal damage to property, a Raleigh criminal lawyer can defend you in court, speak with prosecutors and/or judges, and, if all goes well, reduce or eliminate the consequences associated with the alleged crime.
Below you’ll find some basic information regarding damaging or injury to personal property and real property. For a leading North Carolina defense attorney, however, call Dewey P. Brinkley at 919-832-0307 today!
Specific Types of Criminal Damage to Property in North Carolina
Criminal damage to property is a broad umbrella term that includes a variety of misdemeanor and felony criminal acts. Injury to real property is one of the more common charges in North Carolina, and this charge (N.C. Gen. Stat. § 14-127) is a Class 1 misdemeanor as long as the court can prove that you willfully or wantonly damaged, injured, or destroyed “real property” (defined as anything attached or fixed to land, such as fences or buildings).
Other types of criminal damage to property can include:
- Defacing a public building (N.C. Gen. Stat. N.C. Gen. Stat. § 14-132(d)): Class 2 misdemeanor punishable by 1 to 60 days of active, intermediate, or community punishment, as well as potential fines.
- Damaging a government computer (N.C. Gen. Stat. § 14-455(a1)): Class F felony potentially punishable by up to 10 to 41 months in prison.
- Injury to trees, crops, or land (N.C. Gen. Stat. § 14-128): Class 1 misdemeanor punishable by up to 1 to 120 days of active, intermediate, or community punishment, as well as potential fines.
- Damage to personal property (N.C. Gen. Stat. § 14-160): Class 1 misdemeanor if property is valued over $200; Class 2 misdemeanor if property.
The potential punishments of each offense always depend on several factors, such as past convictions, the severity of the damage, and the type of property damaged. Nonetheless, the court must prove, beyond a reasonable doubt, that 1.) the accused damaged or destroyed property, 2.) the property belonged to another, 3.) the accused likely knew that damage or destruction was the result of their actions, and 4.) the accused had no lawful excuse for damaging or destroying property.
Contact Dewey Brinkley Law For Your Criminal Defense
If you have been charged with willful and wanton injury to personal property, Raleigh defense lawyer Dewey P. Brinkley can help. From speaking with prosecutors and judges to aggressively representing you in court, our law firm will do everything under North Carolina law to receive a non-guilty conviction, get the misdemeanor or felony charge dropped, or, if the evidence is stacked against you, reduce the possible penalties.
Call us today at 919-832-0307.