Cape Cod Malicious Destruction of Property Attorney
Have you been charged with malicious destruction of property? This charge refers to destroying or damaging another person’s property intentionally, which means that an accident is not enough to rise to the level of malicious destruction of property. The accused who destroyed or damaged property must have acted maliciously, which is another way of saying that the person was acting with cruelty or hostility or was seeking revenge.
A malicious destruction of property charge can be a tough thing to endure. If you’re facing these charges, a Cape Cod malicious destruction of property attorney can prepare you for what to expect and help you protect your rights. James Powderly is ready to provide you with immediate assistance to ease your fears about the criminal process, aggressively fighting for your best interests and defending you under Massachusetts law.
If you’ve been charged with malicious destruction of property, you need a lawyer who understands the system and will represent you aggressively. Call James Powderly at (508) 343-0676 or contact us online for a free consultation of your case. Our malicious destruction of property attorney can develop effective defense strategies and work with you so that you fully understand the charges you face and the potential penalties if you’re convicted.
Do I Need a Malicious Destruction of Property Lawyer?
A person charged with malicious destruction of property may assume that the case simply involves making restitution to the victim. However, these cases can be complicated when the value of the property that was destroyed is unclear. Malicious destruction of property charges come with significant potential penalties, including incarceration. These penalties can be increased if a person has a previous criminal record. Your representation is not something you should leave to chance or to someone with little experience in this area. It is always best to be well-prepared in criminal matters, and an attorney knowledgeable in malicious destruction of property cases will be better prepared than the public defender the court will assign you.
Why Choose James Powderly to Handle My Case?
Over the last decade, Attorney James Powderly has defended hundreds of criminal defendants in complex cases where they face serious penalties, including long prison terms, and he has earned his reputation as one of the area’s top criminal defense attorneys. Mr. Powderly will aggressively fight for your rights if you have been accused of malicious destruction of property, and he will leave no stone unturned in investigating and presenting your defense.
Attorney Powderly has been named as a Top 40 Under 40 Attorney by the National Trial Lawyers, and he has received accolades that are specific to Massachusetts, including being named a Rising Star by Super Lawyers Magazine and a Massachusetts “Ten Best” Attorney by the American Institute of Criminal Defense Attorneys. He is well-respected by clients, achieving an Avvo 10/10 rating as a superb attorney.
Proving Malicious Destruction of Property
The Commonwealth of Massachusetts must prove the following elements beyond a reasonable doubt to convict a person of malicious destruction of property:
- The defendant damaged or destroyed personal property, a dwelling, or building of another person;
- The defendant destroyed the property willfully;
- The defendant destroyed the property with malice;
- The amount of damage caused is over $250.
Malicious destruction of property is a felony In Massachusetts. A related offense, wanton destruction of property, is graded as a misdemeanor offense. The difference between the two crimes is that in malicious destruction of property, the specific intent of the person committing the offense matters, whereas wanton destruction of property results from a reckless act (without malicious intent). With malicious destruction of property, the action must have been done intentionally and with hostility toward the property owner, which is possible even if the person destroying the property does not know the identity of the property owner.
Penalties for Malicious Destruction of Property
The penalties for malicious destruction of property can be significant and include the following:
- Fines of up to $3,000 or three times the value of the destroyed property, whichever is greater.
- Up to two and a half years in jail.
- Up to ten years in state prison.
These penalties for a conviction could have a substantial impact on your ability to maintain your livelihood, your financial security, and your personal life. Do not jeopardize everything you have worked for by failing to retain a seasoned attorney who can assist you with malicious destruction of property charges.
Contact James Powderly Today
If you or a loved one has been charged with malicious destruction of property, you will want to minimize the impact of the charge on your life. Call our theft crimes team right away at (508) 343-0676 to obtain the skilled and experienced representation you can count on from James Powderly. We will aggressively fight for you and defend your rights at every possible opportunity. Schedule your free initial consultation today.