Aggravated Criminal Damage to Property in Louisiana

The Barkemeyer Law Firm defends those charged with Aggravated Criminal Damage to Property.  This is a serious felony charge that can carry a possible sentence of up to fifteen years in prison.  This charge includes the additional element “that human life might be endangered.” For a conviction, the prosecution must prove beyond a reasonable doubt that the defendant intentionally damaged the property when it is foreseeable that a person’s life may be at risk.

Click here to learn more regarding criminal damage to property laws and penalties in Louisiana.

Aggravated Criminal Damage to Property Defense

Damaging someone else’s property has always been seen as a very serious offense because it directly disparages the idea that people in the United States have a right to own their own property. Because this idea is so strong rooted, there are many hefty penalties that go along with purposefully damaging someone else’s property that they worked hard to buy or own. However, that offense becomes even more serious when bodily injury is included because it means someone else is in danger while also getting their property damaged. If you have recently been charged with aggravated criminal damage to property in Louisiana, it is imperative to seek legal assistance immediately to help with your trial. Carl Barkemeyer is an experienced criminal defense attorney who has been handling aggravated criminal damage to property cases for many years. Mr. Barkemeyer will look at all the evidence and decide the best possible way to defend your freedom through the court trial. Being convicted of aggravated criminal damage to property can have devastating effects on your future and the future of your loved ones so it is important to seek aid for your defense so that you can potentially fight off the charges and restore your future to the most positive it can be.

What is aggravated criminal damage to property?

First off, it is important to understand what simple criminal damage to property is before working the way up to aggravated. Essentially, simple criminal damage to property is the act of damaging someone else’s property without their consent. If you then induce bodily injury or damage someone’s property in a way that could potentially physically hurt them with your knowledge then the charges could be increased up to aggravated criminal damage to property. It is important to know which crime you are being charged with because each one has different circumstances that determine it and the penalties are increased if going from simple to aggravated. The definition for aggravated criminal damage to property under Louisiana state law is as follows:

• Aggravated criminal damage to property is the intentional damaging of any structure, watercraft, or movable, wherein it is foreseeable that human life might be endangered, by any means other than fire or explosion.

It is important to note that structures and watercraft are also included in property that can be damaged which includes homes and offices. Another important factor to note when it comes to aggravated criminal damage to property is that the defended must have known that danger to human life was a foreseeable possibility that could have happened as a result of the damage to property. If the prosecution cannot prove that the bodily injury or harm to human life was foreseeable then there is a chance that the criminal damage to property charges would be downgraded from aggravated to simple in this case.

Penalties

Because aggravated criminal damage to property includes bodily injury or danger to other people, the punishment is increased compared to simple criminal damage to property and the penalties are much more stringent. These penalties can drastically hurt your future and will limit your opportunities like employment and applying to school as well. The penalties for being charged with aggravated criminal damage to property under Louisiana state law are as follows:

• Whoever commits the crime of aggravated criminal damage to property shall be fined not more than $10,000, imprisoned with or without hard labor for not less than one nor more than fifteen years, or both.

Both the $10,000 and maximum jail time of 15 years are incredibly strict penalties that should not be taken lightly. Not only is the fine a very high amount of money that most people don’t have access to, but the maximum jail time is a very extensive amount of time to spend in jail and away from your loved ones. It could potentially be a quarter of your life spent in jail which is much wasted time that could be spent living your life to the fullest. For these reasons, it is especially imperative that you reach out for legal assistance after being charged with aggravated criminal damage to property. Having an experienced defense attorney like Carl Barkemeyer can make all the difference when trying to fight for your freedom in court and defend yourself against the charges of aggravated criminal damage to property.

Aggravated Criminal Damage to Property Defense Attorneys

The first step to a potential successful defense when charged with aggravated criminal damage to property is to contact our lawyers. The Barkemeyer Law Firm is very experienced with the Louisiana legal system and has defended many aggravated criminal damage to property cases over the years. We will carefully look over the evidence in your specific case and craft a defense that will fit your situation. One way this can be achieved is by disproving that the bodily injury or human danger was foreseeable, which if disproven could lessen the charges from aggravated criminal damage to property down to simple charges. This could help by decreasing the penalties, including lessening the jail time overall. Another factor that needs to be looked at is whether the damage to the property was intentional without consent as well. However, for more positive results in the outcome of your case, it is imperative that you have a competent and knowledgeable defense attorney working with you like the Barkemeyer Law Firm.

Contact our Aggravated Criminal Damage to Property Defense Lawyers in Louisiana if you need help.