If you’ve been accused of or charged with damaging someone’s belongings, understanding the laws surrounding this issue is crucial. A conviction for a “damage to property” charge can mean dire consequences.
Read on to learn more about personal property damage charges in North Carolina. Find answers to help if you face charges in our state.
What is an “Injury to Personal Property” Charge?
In North Carolina, an “Injury to Personal Property” charge is a legal offense involving intentional or willful damage, destruction, or tampering with someone else’s personal property.
It encompasses various actions that harm another person’s belongings, including but not limited to any act that causes substantial impairment or loss of value to personal property.
Under North Carolina law, a damage to personal property charge is considered a criminal offense and can carry severe legal consequences. Those consequences depend on your intent and the extent of the damage.
Criminal Damage to Property Legally Defined
North Carolina Article 23 covers willful and wanton injury to personal property and the consequences for charges.
Class 2 Misdemeanor-Level Personal Property Damage
If you carelessly damage someone’s personal property, you can face charges for a Class 2 misdemeanor. The law specifically says you must “willfully” damage the property.
You likely won’t face personal property damage charges for accidentally damaging someone’s stuff. For example, if you were running through a parking lot and holding a bag with metal detailing on its side, ran between two cars, and accidentally scratched someone’s car. That is not criminal personal property damage.
You are not criminally liable if you accidentally harm someone’s personal property. It’s unlikely law enforcement would charge you for an accident. However, the person with the damaged property may still take you to small claims court for damages.
However, let’s say you are angry with a friend and intentionally key their car. Or you told your friend you would “get back at her” and then ran through the parking lot with your studded bag, intentionally pushing it against the car to scratch it. In that case, your friend may contact the police. You could face charges for personal property damage.
In the second example, you chose to damage someone’s property. As we will see next, The amount of damage caused to the property determines whether you face Class 2 or Class 1 misdemeanor charges.
Class 1 Misdemeanor-Level Personal Property Damage
If you carelessly and willfully injure the personal property of another, causing damage in excess of two hundred dollars ($200.00), you can face charges for a Class 1 misdemeanor.
In the case of keying a car, you could likely face Class 1 misdemeanor charges. Damages to paint on a vehicle covering multiple panels could cost a pretty penny to repair.
Personal Property Damage Matters Even If It’s Not Destroyed
You could face charges for damages to someone else’s property even if you did not destroy the property. For example, let’s say that you grab a partner’s new phone out of their hand and throw it. It lands on the concrete, and the screen cracks slightly in the top corner.
In this example, the phone still works, and you may offer to repair the phone screen out of your own pocket. However, if your partner reports the damage to law enforcement, you may face damaged property charges.
Depending on the dollar value of the cost to repair the screen, you could even end up with a Class 1 misdemeanor conviction on your permanent record. Next, we will see how serious a Class 1 misdemeanor conviction is in North Carolina.
Class 1 Misdemeanor Is No Joke
A Class 1 misdemeanor is a severe charge in North Carolina. Other crimes in the same class include:
- Using a gun to scare people in public
- False imprisonment
- Domestic abuse, neglect, and exploitation of disabled or elder adults
- Communicating threats
- Larceny (Theft) of property; receiving stolen goods or possessing stolen goods
Many individuals do not realize that property damage can be a serious charge. That’s why it’s crucial to understand the potential consequences of your actions. Talking with an experienced criminal defense attorney in NC can help you take the best steps forward.
Misdemeanor Penalties and Consequences in North Carolina
Most people don’t set out to commit a crime that brings a potential jail sentence. However, damaging property can carry a jail sentence depending on the extent of the damage and the judge you face in court.
A Class 2 misdemeanor conviction can cause you to face the following:
- Jail or prison time from 1 day to 2 months
- Probation
- Community service
- Fine determined by the judge
- Paying back the value of the property to the individual
- Court Fees
- Criminal record
A Class 1 Misdemeanor conviction can cause you to face the following:
- Jail time from 1 day to 4 months
- Probation
- Community service
- Fine determined by the judge
- Paying back the value of the property to the individual
- Court Fees
- Criminal record
When you act without thinking or in anger, it’s not difficult to cause willful destruction to a victim’s car or other belongings. We all lose our tempers sometimes. However, if someone damages property willfully and carelessly, they can be found guilty without a strategic defense plan.
Inflicting intentional damage to a person’s car or other belongings, such as farm equipment, electronics, jewelry, or other expensive items, may cause the prosecution to push for a Class 1 misdemeanor charge.
Defending Yourself Against Personal Property Damage Charges
When faced with Class 1 or 2 misdemeanor charges for injury to personal property in North Carolina, consider the following 7 potential ways to defend your actions to the court strategically:
1- Lack of Intent or Willfulness:
- Demonstrating that the damage was accidental or unintentional.
- Proving that circumstances beyond your control caused the damage.
2- Challenging the Evidence:
- Questioning the credibility of witnesses who claim to have seen the damage occur.
- Contesting the accuracy or reliability of documentation, such as photographs or videos presented as evidence.
3- Lack of Identification:
- Asserting that you were not the person responsible for causing the damage.
- Requesting evidence that definitively links you to the incident.
4- Consent:
- Arguing that the property owner permitted you to engage in the activities that allegedly caused the damage.
5- Justification:
- Claiming that you damaged the property to prevent greater harm or protect yourself or others from immediate danger.
6- Self-defense:
- Maintaining that the damage was a reasonable and necessary response to a threat or attack directed at you.
7- Mistaken identity:
- Providing evidence that you were misidentified as the individual who caused the damage.
It is important to note that the effectiveness of these defenses may vary depending on the case’s specific circumstances.
Seeking legal advice from a qualified attorney is crucial to determine the best course of action based on the facts and evidence surrounding your situation. Whether you committed the offense or not, you deserve a well-thought-out defense for your actions.
Our Experienced Criminal Defense Attorneys Can Help
At Scharff Law Firm, we understand the gravity of facing Class 1 or 2 misdemeanor charges for injury to personal property in North Carolina. Our highly skilled and experienced criminal defense attorney is dedicated to providing you with the comprehensive legal representation you deserve.
We deeply understand North Carolina laws and courtroom procedures, enabling us to develop a tailored defense strategy for your specific case. We meticulously examine the evidence, explore potential defenses, and vigorously advocate for your rights throughout the legal process.
With our compassionate approach, unwavering commitment, and extensive knowledge of criminal defense, we strive to achieve the best possible outcome for you.
Contact us today to schedule a confidential free consultation and take the first step towards protecting your rights and securing your future.
