Property crimes are any crime that involve the damage, destruction, or theft of another person’s property. Property crimes include, theft and malicious mischief (vandalism). A property crime will be classified as a misdemeanor or a felony depending on the value of the property and whether violence was used.
Theft
Theft is taking the property of another, with the intent to deprive them of the use or value of that property. Theft from a store is often called retail theft or shoplifting. It can also occur when someone invites you into their home or place of business, meaning that you were there lawfully, but then claims you stole something of theirs.
Theft requires intent, therefore a common defense to theft is that you did not have intent either because you believed the property was yours or because you were unaware that you had the property when you left.
First Degree Theft – is the theft of an item or services worth $5,000 or more. First degree theft is a Class B felony.
Second Degree Theft – is the theft of an item or services worth at least $750 but less than $5,000. Second degree theft is a Class C felony.
Third Degree Theft – is the theft of an item or services worth less than $750. Third degree theft is a Gross Misdemeanor.
Burglary
Burglary is entering or remaining in a building with the intent to commit a crime against a person or property within that building.
Burglary in the First Degree
Burglary in the first degree is a Class A felony. First degree burglary is any burglary that involves an assault on a person in the building or while fleeing from the building. Even if you do not assault a person, you can still be charged with first degree burglary if you are armed with a deadly weapon.
Residential Burglary
Residential burglary is a Class B felony. Residential burglary is charged if the building is used as a lodging. This does not include cars, motor homes, recreational vehicles or boats used as dwellings. If an assault was committed or if a deadly weapon was involved, the case will be charged as both First Degree Burglary and Residential Burglary.
Burglary in the Second Degree
Burglary in the second degree is a Class B felony. Burglary in the Second Degree occurs if the building is not a dwelling, there is no assault during the course of the crime, and no deadly weapon is present.
Burglary is a crime of specific intent. This means that the prosecution must prove beyond a reasonable doubt that you intended to commit a crime, when you unlawfully entered or remained in the building. If the prosecutor cannot prove the specific intent element of the crime, then the entire case can be dismissed or the charges reduced from a felony to a misdemeanor.
Malicius Mischief
Malicious mischief is the physical damage or destruction of another person’s property. Another common term for malicious mischief is vandalism. Malicious mischief can range from breaking windows, to spray painting a structure, to data loss or data obstruction from computer hacking.
First Degree Malicious Mischief – is damaging or destroying property worth $5,000 or more. First degree malicious mischief is a Class B felony.
Second Degree Malicious Mischief – is damaging or destroying property worth at least $750 but less than $5,000. Second degree malicious mischief is a Class C felony.
Third Degree Malicious Mischief - is damaging or destroying property worth less than $750. Third degree malicious mischief is a Gross Misdemeanor.
