Legal Question in Criminal Law in Massachusetts
Penalty for Destruction of Personal Property under $250.00
I have had a charge of destruction of personal property under $250.00 (taillight broken on an auto by a water bottle) entered against me. I am 19 with no prior crimenal record. (I had a juvenile charge that was continued without a finding for 1 year - which has since past). My question is what is the most likely penalty that I would receive if found guilty? I have been told that I could be sent to jail for this. Thank you in advance for your assistance.
2 Answers from Attorneys
Re: Penalty for Destruction of Personal Property under $250.00
To answer your question about what the likely penalty would be for you, some of the answer would depend on the circumstances involved in the incident, and you haven't provided on this situation or the situation that arose when you were a juvenile. Nonetheless, assuming you are found responsible for the damage in this instance and there is nothing extraordinary about the circumstances, the most likely punishment you would receive would include (1) payment of fines and court costs, (2) restitution to reimburse the owner for his/her losses (i.e., pay for the repair),and (3) perhaps some sort of probation period. To your question about jail time, although a sentence including jail time is technically one option under the statute, never say never, but your chances of going to jail for this are virtually nonexistent.
Re: Penalty for Destruction of Personal Property under $250.00
The following is the penalty quoted in the statute:
Whoever destroys or injures the personal property, dwelling house or building of another in any manner or by any means not particularly described or mentioned in this chapter shall, if such destruction or injury is wilful and malicious, be punished by imprisonment in the state prison for not more than ten years or by a fine of three thousand dollars or three times the value of the property so destroyed or injured, whichever is greater and imprisonment in jail for not more than two and one-half years; or if such destruction or injury is wanton, shall be punished by a fine of fifteen hundred dollars or three times the value of the property so destroyed or injured, whichever is greater, or by imprisonment for not more than two and one-half years; if the value of the property so destroyed or injured is not alleged to exceed two hundred and fifty dollars, the punishment shall be by a fine of three times the value of the damage or injury to such property or by imprisonment for not more than two and one-half months;
If you haven't already done so you should retain an attorney.
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