Louisiana Criminal Damage to Property Lawyer
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Experienced Bossier City-Shreveport Criminal Defense Attorney for Criminal Damage to Property in Louisiana
Allegations involving the destruction or damage to another person’s property can lead to serious criminal charges in Louisiana. Depending on the circumstances, prosecutors may pursue these offenses as either a misdemeanor or a felony, and the consequences of a conviction can be far-reaching.
Abogado Michael J. Vergis represents individuals accused of property crimes throughout Shreveport, Bossier City, and the surrounding NWLA communities, fighting to achieve the best possible outcome for every client he serves. Call La oficina legal de Michael J. Vergis a (318) 698-3724 or use our online intake form to schedule a free consultation to discuss your case.
What is Criminal Damage to Property in Louisiana?
Criminal damage to property refers to offenses involving the intentional damage or destruction of another person’s property without their consent. Louisiana law draws an important distinction between intentional and accidental damage, and accidental damage generally does not constitute a criminal offense.
The difference between these distinct acts is critical because prosecutors must establish intent to secure a conviction in most property damage cases, and it often forms the foundation of an effective defense strategy.
Criminal Damage to Property: Louisiana Laws and Legal Definitions
Louisiana law addresses property damage crimes through a series of statutes that define the conduct, establish the required intent, and set forth the penalties upon conviction. Criminal damage to property is broadly defined as the intentional damaging of any property belonging to another person without their consent, by means other than fire or explosion.
The specific charges a person faces depend largely on the nature and extent of the alleged damage. Bossier City-Shreveport criminal defense lawyer Michael J. Vergis helps clients understand how Louisiana law applies to their specific situation and what legal options are available to them.
LRS Criminal Damage to Property
Louisiana Revised Statutes §14:56 y §14:55 govern criminal damage to property offenses in the state, specifically simple and aggravated criminal damage to property (respectively).
Simple Criminal Damage to Property Louisiana
The definition of simple criminal damage to property can be found under RS §14:56, which states:
“(1) Simple criminal damage to property is the intentional damaging of any property of another, without the consent of the owner, and except as provided in R.S. 14:55, by any means other than fire or explosion.
(2) The provisions of this Section shall include the intentional damaging of a dwelling, house, apartment, or other structure used in whole or in part as a home, residence, or place of abode by a person who leased or rented the property.”
Aggravated Criminal Damage to Property Louisiana
Aggravated criminal damage to property is a more serious offense and can be found under RS §14:55. It states:
“Aggravated criminal damage to property is the intentional damaging of any structure, watercraft, or movable, wherein it is foreseeable that human life might be endangered, by any means other than fire or explosion.”
What Type of Crime is Destruction of Property in Louisiana?
Destruction of property in Louisiana is a type of property crime that may result in either felony or misdemeanor charges, depending on the value of the damage and the circumstances of the alleged offense. Additional factors that influence how charges are filed include the type of property damaged, the method used to cause the damage, and the accused person’s prior criminal history.
Is Criminal Damage to Property a Violent Crime?
In most circumstances, Louisiana does not classify simple criminal damage to property as a violent crime. This is because the offense primarily involves harm to property rather than direct physical harm to another person. However, when the alleged conduct occurs under circumstances where it is foreseeable that human life could be endangered, prosecutors may treat the case with significantly greater seriousness.
When charges carry violent crime implications, the potential penalties increase substantially, making experienced legal representation all the more critical. If you’ve been charged with such a crime, reach out to an experienced Louisiana violent crime defense attorney right away to ensure your rights remain protected and your future is fought for.
Is Criminal Damage to Property a Felony in Louisiana?
Criminal damage to property rises to the felony level when the value of the damage exceeds certain thresholds or when the offense involves particularly dangerous conduct. Prosecutors weigh factors such as the extent of the damage, the method used, whether the damage was part of a continuous sequence or a one-time act, and the accused person’s criminal record when determining how to file charges.
A felony conviction carries serious consequences, including imprisonment with or without hard labor and substantial fines. Beyond the immediate penalties, a felony record can have a lasting impact on a person’s ability to secure employment, find housing, and pursue other opportunities. As a knowledgeable Bossier City & Shreveport felony defense attorney, Michael J. Vergis fights aggressively to protect clients from these long-term consequences.
How Much Time Can You Get for Criminal Damage to Property in Louisiana?
If you damage someone else’s property, the penalties depend on how much the damage amounts to. It’s important to note that if you damage multiple properties during a series of related actions, the total amount of all the damage will be added together. That total determines how serious the charge will be. For simple criminal damage to property charges:
- Less Than One Thousand Dollars in Damage — Up to 6 months in jail, a fine of up to $1,000, or both.
- Between One Thousand and Fifty Thousand Dollars in Damage — Up to 2 years in jail (with or without hard labor), a fine of up to $1,000, or both.
- Fifty Thousand Dollars or More in Damage — 1 to 10 years in prison (with or without hard labor), a fine of up to $10,000, or both.
In addition to the foregoing penalties, the court can order you to pay back the property owner for the damage. If you cannot afford to pay all at once, the court may allow a periodic payment plan consistent with your financial situation.
The crime of aggravated criminal damage to property in Louisiana carries more severe consequences, with a mandatory minimum prison sentence of one year and a maximum sentence of up to fifteen years. Fines of up to $10,000 may also be imposed, and courts may order full restitution to the owner of the property.
Defenses to Louisiana Criminal Damage to Property Charges
A strong defense often begins with challenging the prosecution’s ability to prove intent. Because accidental damage does not meet the legal standard required for a criminal conviction, demonstrating that no intentional act occurred can be a powerful defense.
Mistaken identity is another viable avenue, particularly when the damage occurred in a public or shared space and the prosecution lacks direct evidence connecting the accused to the offense.
False accusations and misunderstandings are also more common than many people realize, often arising from disputes between neighbors, current or former partners, friends, family members, or business associates.
Whatever the circumstances, an experienced criminal defense attorney like Michael Vergis can thoroughly evaluate each case to identify the strongest available defenses and build a strategy tailored to the specific facts at hand.
The Importance of Working With an Experienced Defense Attorney for Criminal Property Damage Charges in Louisiana
Facing property damage charges in Louisiana without skilled legal representation puts your rights, your freedom, and your future at serious risk. Understanding the difference between hiring a defensor publico vs abogado privado is an important first step. Unlike a public defender who may be managing a large caseload, private counsel like Attorney Vergis can dedicate the time and resources necessary to build a thorough defense tailored to the specific facts of your case.
Michael J. Vergis protects his clients’ legal rights throughout every stage of the investigation and prosecution, reviewing all evidence and witness statements, identifying weaknesses in the state’s case, and developing an effective defense strategy from the ground up. If a conviction does occur, Attorney Vergis can also assist the person convicted with the expungement process in Louisiana (if they’re eligible), helping them clear their records and move forward with their lives.
Speak With Louisiana Criminal Damage to Property Lawyer Michael J. Vergis Today
Whether you’re facing simple or aggravated criminal damage to property charges in Louisiana, it’s incredibly important that you do not wait to seek legal guidance. Having skilled representation from the outset gives you the best possible chance of avoiding jail time and the other serious penalties that come with a conviction.
Michael J. Vergis has extensive experience representing individuals accused of property damage offenses throughout Shreveport, Bossier City, and the surrounding communities, and he is ready to put that experience to work for you. Call (318) 698-3724 o contact the office online to take the first step toward protecting your rights and your future.
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