Personal property is generally defined as anything besides land that can be subjected to ownership. Thus, personal property includes any type of movable property. Any immovable property is real property, more commonly known as real estate. In Nevada, someone can be charged with destroying the property of another. It does not matter whether the property is personal or real.
Can I Be Charged If I Did Not Mean to Damage Someone’s Property?
To be found guilty of malicious destruction of private property, a person must willfully or maliciously destroy or injury the property. A person accused of destroying the property of another typically will not be found guilty of the crime unless the prosecution can prove beyond the reasonable doubt the crime was committed.
What Do “Willful” and “Malicious” Mean?
Willful refers to doing something intentionally to cause a certain outcome such as damaging property. Malicious refers to having an evil intent. Thus, someone acting willfully and maliciously is acting intentionally with an evil intent.
What Is the Penalty for Damaging Someone’s Property?
Nevada has four different categories of penalties for the crime of damaging another person’s property: fine, misdemeanor, gross misdemeanor, and felony. If the damage to the property is worth less than $25, then the punishment is a $500 fine and no jail time.
Can I Go to Jail for a Misdemeanor Damaging Private Property Crime?
Yes. If the damage to the property is valued at $25 or more but less than $250, then the crime is a misdemeanor. The punishment for a misdemeanor is:
- Six month in county jail
- $1,000 fine
- Fine and county jail time
Do I Need a Lawyer to Help Me with My Damaging Property Charge?
Jail time is a serious consequence of a malicious destruction of property conviction, and you will need a lawyer’s help to avoid a jail sentence. Speak with a criminal lawyer immediately to resolve this charge.