In the state of Massachusetts, the Malicious Destruction of Property is prohibited by the Massachusetts General Laws Chapter 266 Section 127. A defendant can be convicted of this crime if the prosecutor can prove several points beyond a reasonable doubt that such destruction took place. The prosecutor will have to prove that the defendant destroyed or injured another person’s property and did so willfully. This means intentionally. The defendant must also have completed the act maliciously, which means out of cruelty, hostility or revenge.
When an individual faces such charges, you want an experienced attorney by your side, someone who knows the laws of Massachusetts. The Law Office of Michael M. Monopoli has over thirty years of experience in handling defense cases involving crimes in the state. Both Michael and Mark can assist you when charges of Malicious Destruction of Property have been filed. Have a better chance of being found not guilty by having an experienced attorney working on your case.
Misdemeanor or Felony Charges?
Malicious destruction of property charges where the property is worth over $250, the actual worth of the damage must be determined by the prosecutor. If the value is found to be over $250, then the individual will face a felony charge if found guilty.
The law also covers the wanton destruction of property over an amount of $250. When destruction of property is found to be “wanton” it was done recklessly and with a conscious disregard of the harm that would take place on site or to the people involved. The attorney does not have to find the defendant had the foresight or the intent to cause the damage but negligence will be considered a “wanton” act.
Penalty for Charges
Should you be found guilty of the charge of malicious destruction of property in an amount over $250, then you can face up to ten years in a state prison as well as a fine of $3,000 or more or an amount that is three times the value of the property that was damaged. 2.5 years in jail is also a penalty option. When the amount of the property is under $250 and malicious destruction of property charges are filed, the individual will face up to 2.5 months in prison along with a fine of three times the value of the property damage.
Basically, the goal of the prosecutor is to be able to prove that the damage was done with intent. The goal of the defense attorney is to prove that is not the case. If you are facing malicious destruction of property charges, you will need someone by your side to prove your innocence. A qualified defense attorney like Michael and Mark Monopoli can easily assist you in building a solid case to fight the prosecution.
When facing such charges, give the Law Office of Michael Monopoli a call. The office has handled such cases in the past and knows the law, being able to better serve clients in the state of Massachusetts.