Vandalism Charges in Minnesota Carry Stiff Fines and Penalties

Vandalism is often seen as a juvenile crime, but in Minnesota it carries stiff fines and penalties. A St. Paul criminal defense attorney often sees young people who face stiff fines and up to five years in prison when convicted of vandalism charges.

Vandalism can be something as minor as carving your initials into a tree, or as major as causing thousands of dollars in property damage. Because each incidence of vandalism is different, Minnesota prosecutes vandalism crimes in three different degrees.

First Degree Criminal Damage to Property

First-degree criminal damage to property is the most severe type of vandalism in Minnesota. When a person willfully and intentionally causes damage to another person’s property, they can be charged with first-degree vandalism. Charges can result if any or all of the following conditions are present:

  • The damage involves a reasonable risk of bodily harm
  • The property belongs to a common carrier, like a utility company, and the damage causes disruption in access to the public’s services
  • The damage reduces the property’s value by more than $1,000
  • The damage reduces the property’s value by more than $500 and the offender has a prior conviction for criminal damage to property

First degree criminal damage to property is a felony-level offense which requires legal representation by a St. Paul criminal defense attorney. It carries potential sentences of up to $10,000 in fines and up to five years in prison, as well as possible monetary penalties to pay back the property owner for property damages.

Second Degree Criminal Damage to Property

A second degree criminal damage to property charge may constitute a hate crime when it involves intentionally causing damage to another person’s property because of their race, nationality, ethnicity, religion, sex, sexual orientation, and mental or physical disability or impairment. Although second degree criminal damage to property is a lesser vandalism offense, it still carries fines up to $3,000 and up to one year in prison.

Third Degree Criminal Damage to Property

Third degree criminal damage to property is the most common type of vandalism seen by a St. Paul criminal defense attorney in Minnesota. For third degree offenses, a person can receive fines up to $3,000 and up to one year in prison, or both, if the property value is reduced by more than $500, but not more than $1,000, as measured by the cost of repair and replacement.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.
People arrested or charged with a crime may wonder, “How long do I have to get a criminal lawyer?” There is no strict deadline to hire a criminal lawyer in Minnesota. However, it’s advisable to hire one immediately if you get arrested, charged, or are under investigation for a crime. Getting legal representation on time protects you from making mistakes that can compromise your case. It also allows your lawyer to build a solid defense strategy that can increase your likelihood of getting a positive outcome from your case.
Continuance is what a court grants to delay proceedings. The parties in a criminal case (the prosecution and defense teams) may agree to a continuance to get more time to prepare for the proceedings. There are many reasons that push your defense lawyer in Minnesota to seek a continuance. A good example is when the other party presents surprise witnesses or evidence, requiring more time to work on a new defense. You can also request a continuance if you want to replace your lawyer, especially if you feel you are not getting sufficient representation.