Legal Question in Criminal Law in Minnesota

property and car damage

i got into a spat with my boyfriend last weekend and i broke a few windows on his house. (not trespassing, he gave me a key).

I also smashed up a car pretty badly. estimates were $1900.

we are on good terms right now, as i admitted to the crimes and paid him for the damage done to the windows the very next day.

As for the car, it was not his. This person hasnt gotten in contact with me, and my boyfriend refuses to give me her information so i cannot contact her.

I am trying to be very cooperative as to not get charges pressed or let it go to court. I offered to pay the entire auto bill, but he insists that the check be written out to HIM. I said if he wasnt going to get the car fixed and wanted cash, i would settle on a price but not the entire $1900.

He now wants to press charges because i will not pay the cost in cash to him.

If its not even his car, does he even have a case?

What can happen if SHE presses charges?

Is it in my best interest to just give him the money?

This is would be my first offense, and i am new to how the entire lawyer/court system works, so any advice would be greatly appreciated.


Asked on 1/16/06, 12:58 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: property and car damage

I cannot give legal advice here, since I do not know all of the facts surrounding your situation. For legal advice, you should consult lawyer in person about it.

I will offer you some information that may be helpful to you as you begin to get a better understanding of potentially relevant laws.

Breaking windows of someone's house, and smashing up a car, could each be charged as crimes, including the crime of "Damage to Property" Minnesota Statutes Section 609.595, a felony if over $500 damage.

It would be up to the discretion of the police to investigate, and of the local prosecutor to charge a crime. It seems likely both would happen if someone reported the crime(s), and even more likely if they have your admissions that you did it.

Paying the victim(s) for their loss could be deemed evidence of your guilt, should you be charged with a crime related to this. On the other hand, paying the victim(s) for their loss might influence the victim(s) to decide not to report the crime(s) to police. If the crimes are never reported, it is unlikely you would ever be charged with those crimes.

From your description, it appears that you are in a vulnerable position due to inappropriate expression of anger. Most people would find that a criminal record of conviction for a felony would damage their future, in terms of job availabilty and in many other ways, far, far in excess of $1900.

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Answered on 1/16/06, 11:30 am


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