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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

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

Answered 11 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption