98.04.01 Malicious Destruction of Property. No person shall willfully destroy, remove, damage, alter or in any manner deface any property not his or her own. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 93 days or by a fine of not more than $500, or both. 98.04.02 Tamper With Water Meter. No person shall disturb, tamper with, disconnect or damage any City water meter without proper authority. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 93 days or by a fine of not more than $500, or both.
98.04.05 Malicious Interference with Closed Circuit Television Cameras. Except when permitted by proper authority, no person shall knowingly touch, alter, damage, obstruct, or otherwise interrupt the normal operation of any closed circuit television camera. This shall include placing any object over the lens or altering the direction of the camera. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 90 days or by a fine of not more than $500, or both.
98.04.06 Tamper Or Meddle With Motor Vehicle. Except where authorized by the owner, no person shall:
a) Enter any motor vehicle or open any door, trunk, hood or window of a motor vehicle.
b) Start the motor of any vehicle or shift or change the starting device or gears of any motor vehicle.
c) Release the brake of any motor vehicle.
A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 93 days or by a fine of not more than $500, or both.
The following are state law violations for Malicious Destruction of Property at the 52-4 District Court:
Malicious Destruction of Property can involve personal property such as a car, a building (or a permanent attachment to a building), tomb, memorial, a school bus, fire or police department property, mine property, trees, plants, turf, bridges, railroads, locks, dams, canals, mills, or vessels. The 2 main categories are Malicious Destruction of Property (MDOP) and Malicious Destruction of a Building (MDOB).
Malicious Destruction of Personal Property (MDOP) – in order to convict, the Prosecution must prove the following elements beyond a reasonable doubt:
1) The property belonged to someone else.
2) The Defendant destroyed or damaged the property.
3) The Defendant did this knowing that it was wrong, without just cause or excuse, and with the intent to damage or destroy the property.
4) The extent of the damage was either: $20,000 or more; $1,000 or more, but less than $20,000; $200 or more, but less than $1,000; or less than $200.
Malicious Destruction of a Building (MDOB) – in order to convict, the Prosecution must prove beyond a reasonable doubt:
1) The building, or anything permanently attached to it, belonged to someone else.
2) The Defendant destroyed or damaged the building, or anything permanently attached to it.
3) The Defendant did this knowing that it was wrong, without just cause or excuse, and with the intent to damage or destroy the property.
4) The extent of the damage was either: $20,000 or more; $1,000 or more but less than $20,000; $200 or more but less than $1,000; or less than $200.
The test for the extent of damage is the reasonable and fair market value of repairing the damage or replacing the property destroyed. Fair market value is determined at the time and place where the damage occurred. The Prosecution can use damages caused in separate incidents that are part of a scheme or course of conduct within a 12 month period to prove its case. If the case involves a scheme or a course of conduct, the fair market values of the different incidents are added together to determine the appropriate charge.
The penalties for most MDOP or MDOB offenses are as follows:
1) Damage(s) or destruction that totals over $20,000 or with 2 prior similar convictions is a felony that usually carries a 10 year maximum sentence, with a fine of not more than $10,000 or 3 times the amount of the destruction, whichever is greater.
2) Damage(s) or destruction that totals from $1,000 to $20,000 or with 1 prior similar conviction is a felony that usually carries a 5 year maximum sentence, with a fine of not more than $2,000 or 3 times the amount of the destruction, whichever is greater.
3) Damage(s) or destruction that totals between $200 and $1,000 is usually a 1 year misdemeanor, with a fine of not more than $2,000 or 3 times the amount of the destruction, whichever is greater.
4) Damage(s) or destruction that totals under $200 is usually a 93 day misdemeanor, with a fine of not more than $500 or 3 times the amount of the destruction, whichever is greater. This can be charged under State laws and under local ordinances.
Malicious Destruction of Police or Fire Department Property is a 4 year maximum sentence felony charge. Michigan law provides that any person who shall willfully and maliciously destroy or injure the personal property of any fire or police department, including the Michigan State police, shall be guilty of a felony. There is no element as to the reasonable and fair market value of the police or fire department property that must be proven by the Prosecution.
Intentional Damage, Destruction, or Alteration of a School Bus is a felony offense that carries a maximum sentence of 5 years in prison, a fine of up to $5,000, or both. The Prosecution has the burden of proving beyond a reasonable doubt the following 3 elements:
1) The offense was done without the permission of the entity that owns the school bus.
2) Damage, destruction, or alteration was caused to the school bus by the Defendant.
3) The damage, destruction, or alteration creates a health or safety hazard for an occupant or potential occupant of the school bus.
For this offense there is also no element as to the reasonable and fair market value of the damage, destruction, or alteration to the school bus that must be proven by the Prosecution.
It is highly recommended that if you are charged with this type of offense that you retain an experienced criminal defense attorney, such as Attorney Daniel Hilf, for the following reasons:
1. You need to have a proper, unrelenting defense in order to win the case, or negotiate the best possible resolution.
2. When defending these type of cases, an expert witness sometimes needs to be consulted to determine the reasonable and fair market value of the damaged or destroyed item (when the value is an element of the offense). Restitution also is a concern when the damage is extensive, or when the complaining witness wants to overstate the amount of his or her loss. An experienced criminal defense attorney can effectively cross examine any expert or other witness called by the Prosecution, and present any necessary expert or other witnesses for you, which gives you the best chance for the right result.
3. For persons that are convicted of these types of offenses – Judges are sometimes hard in sentencing these cases due to their senseless, petty nature. The lawyer needs to place the case, and the Defendant, in the proper light to garner any sympathy and mitigation of the sentence for the Defendant.