Can I be charged with criminal damaged to property if the property belongs to me?

UPDATED: Aug 8, 2010

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Can I be charged with criminal damaged to property if the property belongs to me?

My wife and I was arguing and things got a little heated. No hands on contacted was used, I had been under a lot of stress, I was really mad and I busted out the car window and I was charged with criminal damaged to property. I wanted to know can I be charged like this when the property belongs to us?

Asked on August 8, 2010 under Criminal Law, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

This question may best be answered by an attorney in your state, but I believe that the statutes reads "any" property and not just "someone else's property."  Therefore, I would think that the police could indeed arrest you for defacing your own property in Georgia.  Additionally, the car was not owned by you alone, correct?  Therefore, your wife had a right to have the property kept in the same condition and not be damaged.  I would seek some legal consultation on all of this.  You were arrested and charged and that will come back to haunt you some day if it is not dealt with correctly.  Ask about expungement of the arrest as well.  Stress is a difficult thing to manage.  These are trying times.  Good luck.

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