Can I Be Liable For Damages After Being Convicted Criminally?

Understand The Link Connecting Criminal Convictions & Civil Liability

Being convicted of a crime can have serious consequences, such as jail time, fines, and a permanent mark on your record. Moreover, a criminal conviction can open the door to a civil lawsuit. In other words, even after serving your sentence or paying your criminal fines, you might still be held financially responsible for damages related to the offense. 

To help you understand the link between criminal convictions and civil liability, we created this article, so that you can be well-informed and avoid confusion.

Key Differences Between Criminal & Civil Liability

While they may arise from the same incident, criminal and civil liability have different functions in the legal system.

Criminal liability appears when a person violates a law established to protect public order and safety. These cases are prosecuted by the government, and penalties often include imprisonment, probation, fines, or community service. The main purpose of it is to punish wrongdoing and avoid future offenses. 

Civil liability, on the other hand, is about resolving disputes between people or entities. The injured party can file a civil lawsuit seeking monetary damages for personal injury, property damage, emotional distress, or other losses. To win a civil case, the plaintiff must prove their case by a preponderance of the evidence, meaning it’s more likely than not that the defendant is responsible.

Someone can face both criminal charges and a civil lawsuit for the same incident. For example, a victim can sue an individual convicted of assault for medical expenses and emotional trauma.

How Is Criminal Damage Defined Under Arizona law?

Criminal damage under Arizona law is classified in different degrees depending on the property type and lost property value. A person can be charged with criminal damage under Arizona code 13-1602 for any of the following offenses:

• Defacing or damaging personal property
• Damaging property used for worship or religion, a school building or other educational facility, a cemetery or mortuary
• Tampering with a construction, utility, or agricultural site to take metals
• Tampering with property in a way that substantially impairs its function or value
• Parking a vehicle in a way that blocks livestock’s access to water
• Graffiti
• Intentionally tampering with utility property

Almost all types of criminal damage involve reckless conduct, which is defined by the state of Arizona as the accused person is aware of and consciously disregards a substantial and unjustifiable risk that constitutes a gross deviation from a reasonable standard of conduct.

Penalties For Criminal Damage In Arizona: Misdemeanors vs. Felonies

The penalty for criminal damage in Arizona depends upon whether the conviction is a misdemeanor or a felony, what type of property was damaged, and the financial value of the property damage. Some situations are considered aggravated criminal damage and entail higher penalties.

The factors that are used to determine the financial value of any property damage are the cost of the labor, materials, and equipment needed to repair the damage. The higher the property value, the more severe the penalty becomes. 

If the damaged property is valued at:

• Less than $250, a Class 2 misdemeanor, up to four months in jail
• $250 to $1,000, a Class 1 misdemeanor, up to six months in jail
• $1,000 to $2,000, a Class 6 felony up to one year in jail or prison
• $2,000 to $10,000, a Class 5 felony, up to 18 months in jail or prison
• More than $10,000, a Class 4 felony, up to 2.5 years in prison
• $5,000 or more for intentional damage to a utility, a Class 4 felony and also considered aggravated criminal damage, up to 2.5 years in prison

Other Crimes Related To Criminal Damage In Arizona

A person accused of criminal damage may also face charges for related crimes, such as larceny, burglary, assault, and battery. If you are facing charges related to criminal damage, seeking representation from an experienced Arizona defense attorney can help safeguard your rights and provide legal protection.

Common Types Of Civil Damages Following Criminal Convictions

After a criminal conviction, the person found guilty can still face civil lawsuits seeking financial compensation. Civil damages are meant to make the victim “whole” again by covering the losses they suffered. 

Here are some of the most common types:

• Compensatory damages: These are the most straightforward and are intended to cover actual losses. They may include medical expenses, lost income, and property damage, among others. 
• Punitive damages: These are less common but may be awarded in cases involving particularly reckless or malicious behavior. Punitive damages aren’t meant to compensate the victim but to punish the wrongdoer and discourage similar actions in the future.
• Restitution: Although restitution is part of the criminal process, it functions like a civil remedy. Courts may order a convicted person to pay the victim for specific losses directly related to the crime. 
• Emotional distress or mental anguish: If the victim suffered psychological trauma, they may seek damages for therapy costs, anxiety, PTSD, or long-term mental health effects, especially in cases of assault, abuse, or violent crimes.

How a Criminal Defense Lawyer Can Protect Your Rights in a Criminal Damage Case

Never try to defend yourself against criminal defense charges. A skilled and assertive criminal defense lawyer is necessary to keep your penalties to a minimum and to protect your constitutional rights. Here’s how a defense lawyer can help: 

• Lack of criminal act: Sometimes, charges are fabricated or exaggerated, especially in situations such as domestic violence, where there tends to be a variety of complicated motives. Additionally, alcohol and drug abuse frequently contribute to false or inflated accusations.
• Lack of criminal intent: To be convicted of criminal damage, a person must have intentionally or recklessly caused the damage. At a minimum, the person who is being charged must have acted recklessly, which is defined in the Arizona state code as a gross deviation from the standard of how a reasonable person would have acted in the same situation. 
• Value of the damage: Most of the time, the State will attempt to prosecute the defendant with the most severe criminal damage allegation. However, the State must prove beyond a reasonable doubt the extent of the damage and demonstrate the method used to calculate the amount of property damage for which the defendant is being prosecuted.
• Permission: In criminal damage cases, the State must prove that the defendant lacked permission to damage the property. In acts of anger or violence, lack of permission can be inferred, but the State must still establish that the victim did not give permission and the alleged victim must also testify that the defendant did not have permission to damage the property.
• Constitutional violations: A criminal defense attorney can raise issues such as the right to counsel, Miranda laws, unlawful search and seizure, lack of probable cause, and lack of reasonable suspicion, which can reduce charges or even lead to a case being thrown out.

Contact Experienced Arizona Criminal Defense Lawyers Today

Criminal defense cases are complicated and frightening. Your best solution is hiring an experienced criminal defense attorney in Arizona who will be by your side throughout this entire legal process. Don’t hesitate to contact us today!

This blog post is courtesy of VS Criminal Defense Attorney, a top-rated criminal defense firm in Arizona. Their lead attorney, Michelle Skura, is renowned by the National Trial Lawyers as a Top 40 under 40 Criminal Defense Attorney.

This blog is purely for marketing purposes and should not be construed as legal advice.