Malicious destruction of property is a property crime in Maryland in which a person willfully and maliciously destroys, damages, or defaces someone else’s property without the property owner’s permission. See Md. Code Criminal Law Ann. 6-301. Under recent changes to Maryland law, malicious destruction of property is a misdemeanor offense regardless of the value of the property involved.
What Does “Maliciously” Mean?
An act is done “maliciously” if it is done knowingly and with deliberate intention to do harm or cause injury to another or to do an act that the law forbids. An act that is done merely because of a mistake, an accident, carelessness, or another innocent reason is not done maliciously.
What Does “Willfully” Mean?
An act is done “willfully” if it is done knowingly and with deliberate intention. An act that is done merely because of a mistake, an accident, carelessness, or another innocent reason is not done willfully.
Defenses to a Malicious Destruction of Property Charge
Some of the possible defenses to a malicious destruction of property charge in Maryland include the following:
- Lack of Intent: One of the elements of malicious destruction of property is intent (please see the discussion of “maliciously” and “willfully” above). If the accused did not intend to cause harm to the property, they may be able to argue that they did not commit the crime of malicious destruction of property. For example, if the damage to the property was accidental, such as a vehicle swerving off the road and hitting someone’s wooden fence, the accused may argue that they did not intend to cause the damage to the property.
- Mistaken Identity: If there is evidence that the accused was not the person who caused the damage, they may be able to argue that they were mistakenly identified as the perpetrator.
- Consent: If the owner of the property consented to the damage or destruction, then the accused may be able to argue that they did not commit the crime of malicious destruction of property. For example, if the owner of the property asked the accused to remove a fence post and in the process, the fence post broke, the accused may argue that they had the owner’s consent to remove the post.
- Alibi: If the accused can provide evidence that they were not present at the scene of the alleged destruction, then they may be able to argue that they did not commit the offense of malicious destruction of property.
- Self-Defense or Defense of Others: If the accused believed that they or someone else were in imminent danger of harm and destroyed the property in order to defend themselves or others, then they may be able to argue that they were acting in self-defense or defense of others.
It is important to note that every case is unique, and the defenses that are available will depend on the specific facts and circumstances of the case.
What is the Maximum Penalty for Malicious Destruction of Property?
There are two variations of malicious destruction of property that are applicable for sentencing purposes. If the damage done to the property is valued at $1,000 or less, then the maximum possible penalty is 60 days of incarceration and/or a $500 fine. If the damage done to the property is valued at more than $1,000, then the maximum possible penalty is 3 years of incarceration and/or a $2,500 fine. If it cannot be determined from the evidence whether the value of the damage to the property is more or less than $1,000, then the value is deemed to be less than $1,000. Both variations of the offense are considered misdemeanor offenses for sentencing purposes.
Malicious Destruction of Property Attorney in Towson, MD
Being charged with a criminal offense is an important matter that should be taken extremely seriously because of the possibility of jail time and/or a fine if convicted. Our Baltimore County, MD criminal defense law firm has extensive experience representing people who are accused of malicious destruction of property. Contact our office in Towson, MD today to schedule a free consultation with an award-winning malicious destruction of property attorney if you have been charged in Maryland with the crime of malicious destruction of property. During your consultation, our attorney will discuss the facts of your case with you, explore possible defenses, and explain ways in which it may be possible to avoid a conviction altogether or minimize the consequences of a possible conviction.
