An individual who purposefully damages or destroys the personal property of another can be charged with the crime of Willful and Malicious Destruction of Property (MDOP) under MCL 750.377a or 750.380. A conviction under these statutes requires a showing of intent to cause injury to the property. It does not require the intent to harm the specific property owner.
A MDOP offense can either be a misdemeanor or a felony, depending on the extent of the damage caused (see chart below). Penalties may include prison time, a fine, restitution, or a combination of the three. Restitution means recompensing the property owner for the damage to their property. The amount of restitution in MDOP cases can be calculated by showing the difference in market value of the property before and after the damage, or by showing the reasonable cost of repairing the property.
|Less than $200||Misdemeanor||Up to 93 days||Up to $500 or 3 times the amount of the injury|
|Between $200 and $1,000||Misdemeanor||Up to 1 year||Up to $1,000 or 3 times the amount of the injury|
|Between $1,000 and $20,000||Felony||Up to 5 years||Up to $10,000 or 3 times the amount of the injury|
|Over $20,000||Felony||Up to 10 years||Up to $15,000 or 3 times the amount of the injury|
Prior MDOP convictions also affect the penalties that an individual may face (see chart below).
|2 or more prior convictions (excluding those for damage less than $200)||Felony||Up to 10 years||Up to $15,000 or 3 times the amount of the injury|
|Property damage between $200 and $1,000 + 1 or more prior convictions (excluding those for damage less than $200)||Felony||Up to 5 years||Up to $10,000 or 3 times the amount of the injury|
|Property damage less than $200 + 1 or more prior convictions||Misdemeanor||Up to 1 year||Up to $1,000 or 3 times the amount of the injury|
If you or someone you know is dealing with a legal issue relating to MDOP, it is imperative that you seek legal representation from a lawyer familiar with this area of law. Finding resolution that can keep someone’s criminal record clean and keep you out of jail may be available.
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