Defacing a person’s property is more than just a prank in Okmulgee, Oklahoma. It is a criminal offense defined as malicious injury to property, and can be prosecuted as a misdemeanor or felony depending upon the circumstances.
Defining Malicious Injury to Property
Deliberately injuring, defacing, or destroying another’s real or personal property is a misdemeanor crime in Oklahoma if the damage done is less than $1,000 in value.
It is a felony conviction if the damage done is valued at $1,000 or more, or the perpetrator has been convicted two or more times before on a charge of malicious injury to property regardless of the valuation of the damage done. Okla. Stat. tit. 21 § 1760
In addition to being charged with the crime of malicious injury to property, a perpetrator may be liable for three times the damage done in a subsequent civil action filed by the property owner or public officer in charge. This trebling of damages is a punitive action on the part of the Oklahoma legislature and it is meant to discourage this crime.
In addition, because the standard of proof in a criminal trial is so much higher than in a civil matter, if you are found guilty in the criminal matter, you will most certainly be found guilty in the civil matter as well.
Penalties
Misdemeanor malicious injury to property in Okmulgee is punishable by a jail term of up to one year, a fine of up to $500, or both. Okla. Stat. tit. 21 § 10
Felony malicious injury to property is punishable by up to two years in prison and a fine up to $1,000. Okla. Stat. tit. 21 § 9
Exceptions: Other Types of Injury
There are a couple of exceptions to the malicious injury to property statute.
The following types of actions could be defined as malicious injury to property in Okmulgee, but are treated differently under the law.
Tearing down or defacing legal notices posted on any mining claim, or pulling up mining stakes used to delineate mining claims are misdemeanor offenses punishable by a fine of up to $100, up to six months in jail, or both. Okla. Stat. tit. 21 § 1762
Throwing or disposing of any sort of garbage or rubbish upon either public or private property not belonging to you is also treated as misdemeanor crime. You will be fined up to $5,000 if you are caught.
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or someone you know is charged with malicious injury to property in Oklahoma, call 918-756-9600 right away for a initial strategy session with an Okmulgee criminal defense attorney.
You may also send a message to the Wirth Law Office – Okmulgee through this website. All inquiries are confidential.
