Malicious Destruction of Property in Michigan

Malicious destruction of property (MDOP) is a serious offense in Michigan that can range from misdemeanor to felony.  This includes vandalism, graffiti, or any other form of intentional damage to someone else's property.

What Constitutes Malicious Destruction of Property?

In Michigan, MDOP is defined as the willful and malicious destruction or injury to the personal property of another person. This can include:

• Keying Cars
• Defacing buildings or property with graffiti
• Breaking Windows
• Damaging personal belongings

The key element in MDOP cases is an intent to cause harm or damage. Accidental damage does not fall under this category.

Penalties for MDOP in Michigan

Penalties for MDOP in Michigan vary depending on the extent of the damage and the value of the property destroyed. Generally, the law classifies MDOP offenses into misdemeanors and felonies.

• Felony MDOP: If the amount of the destruction or injury is $20,000 or more, a person can face a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000 or three times the amount of the destruction or injury, whichever is greater.  If a person has two or more prior convictions for similar offenses, the penalties can be enhanced.
   
  • Felony MDOP (Lesser Amounts): If the amount of the destruction or injury is $1,000 or more but less than $20,000, a person can face a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000 or three times the amount of the destruction or injury, whichever is greater. Prior convictions can also lead to enhanced penalties 
• Misdemeanor MDOP: If the amount of the destruction or injury is $200 or more but less than $1,000, a person can face a misdemeanor punishable by     imprisonment for not more than 1 year or a fine of not more than $2,000 or three times the amount of the destruction or injury, whichever is greater. This also applies if the person has prior convictions for similar offenses.
   
  • MDOP (Lesser Amounts): If the amount of the destruction or injury is less than $200, a person can face a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500 or three times the amount of the destruction or injury, whichever is greater.

Defenses Against MDOP Charges

If you are charged with MDOP, several defenses may be available to you, including:

• Lack of Intent: Demonstrating that the damage was accidental and not intentional.
• Mistaken Identity: Proving that you were not the person who committed the act.
• Consent: Showing that you had the property owner's permission to engage in the activity that resulted in damage.
• Mitigation: Showing the alleged value of the damage is not as great as originally claimed.

What Should I Do If I’m Being Charged With Or Investigated For A Claim Of Malicious Destruction Of Property?

Contact a respected and established criminal defense attorneyand ideally, one who is established in the community in which the allegation occurred.In over 38 years of criminal defense practice, Joseph A. Simon has successfullyhelped thousands of people charged with criminal offenses, aggressively andsuccessfully, with an eye toward protecting a person’s future and reputation.

Contact our firm at 734-887-6200 to see why so many peoplein Washtenaw, Wayne, Lenawee, Jackson, and Livingston Counties charged with, orinvestigated for, MDOP cases have chosen Joseph A. Simon to be their defenseattorney and to protect their freedom and reputation.

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