CRIMINAL DEFENSE ATTORNEY CASE RESULT:
Misdemeanor arrest and charge in Arlington, Virginia, for Destruction of Property valued under $1000, VA Law 18.2-137, a Class 1 misdemeanor offense punishable by up to one year in jail and a $2500 fine plus restitution, resulted in DROPPED charges for insufficient evidence to prosecute.
Read more about Arlington criminal defense attorney Marina Medvin, who represented this client and achieved this result.
Va Law § 18.2-137. Injuring, etc., any property, monument, etc.
A. If any person unlawfully destroys, defaces, damages or removes without the intent to steal any property, real or personal, not his own, or breaks down, destroys, defaces, damages or removes without the intent to steal, any monument or memorial for war veterans described in § 15.2-1812, any monument erected for the purpose of marking the site of any engagement fought during the War between the States, or for the purpose of designating the boundaries of any city, town, tract of land, or any tree marked for that purpose, he shall be guilty of a Class 3 misdemeanor; provided that the court may, in its discretion, dismiss the charge if the locality or organization responsible for maintaining the injured property, monument, or memorial files a written affidavit with the court stating it has received full payment for the injury.
B. If any person intentionally causes such injury, he shall be guilty of (i) a Class 1 misdemeanor if the value of or damage to the property, memorial or monument is less than $1,000 or (ii) a Class 6 felony if the value of or damage to the property, memorial or monument is $1,000 or more. The amount of loss caused by the destruction, defacing, damage or removal of such property, memorial or monument may be established by proof of the fair market cost of repair or fair market replacement value. Upon conviction, the court may order that the defendant pay restitution.
Read more about Vandalism & Destruction of Property Law here: Virginia Destruction of Property and Vandalism Laws and DefensesMore Destruction of Property Case Results