What is Malicious Injury to Property in Stillwater?

malicious injury to property in Stillwater Common acts of vandalism in Oklahoma are prosecuted as malicious injury to property. This crime is grounded in malicious mischief. Acts of vandalism can actually cause a significant amount of property damage. Thus, it is zealously prosecuted in Stillwater, Oklahoma.

Defining Malicious Injury to Property in Oklahoma

Oklahoma has a number of statutes covering malicious mischief.

Some statutes cover the malicious destruction of or interference with railroad tracks and equipment. Okla. Stat. tit. 21 §§ 1751, 1752

Other statutes prohibit all sorts of malicious actions in conjunction with public highways, bridges, and roadways. These statutes include causing injury to such public works, stealing street signs, and tossing flaming substances from vehicles. Okla. Stat. tit. 21 § 1753

Although these acts may seem like pranks, they can cause injury and death.

Any malicious interference with railroad equipment that causes death is a felony in Oklahoma. This is punishable by at least four years in prison.

If the act of stealing street signs causes injury or death, this is also a felony offense. It is punishable by up to two years in prison, a fine, or both.

Acts of Vandalism in Oklahoma

Vandalism acts are more common. These include graffiti, ripping up bus seats, toppling a headstone, breaking a window, and carving initials into a park bench. These acts are not dangerous in and of themselves.

Malicious injury to property in Oklahoma is defined as deliberately injuring, defacing, or destroying another’s real or personal property. It can be charged as a misdemeanor or a felony depending on the amount of damage done.

It is a misdemeanor in Oklahoma if the damage done is less than $1,000 in value. However, it is a felony if the damage done is valued at $1,000 or more or the perpetrator has been convicted two or more times before on a charge of malicious injury to property — regardless of the amount of damage done. Okla. Stat. tit. 21 § 1760

For the purposes of this statute, the damage done can be added together to get to a felony conviction. That means that even if you engage in a small amount of property damage like carving your initials into a park bench, you might be charged with a felony if you have carved your initials into several benches.

In order to secure a conviction, a prosecutor must prove that the action was done “maliciously.” This is defined as acting without justification or excuse in doing damage or harm to the legal rights of another.

The intent does not require that the person committing the crime hold any ill will or hatred toward the owner of the property. Tagging, slashing tires, and the like qualify as malicious mischief under the statute.

Penalties for Malicious Injury to Property

When a misdemeanor’s punishment is not specifically set forth in an Oklahoma statute, it is punishable by up to a year in jail, a fine of up to $500, or both. Okla. Stat. tit. 21 § 10

If you are convicted of a felony and the penalty is not set in the statute, you can be incarcerated for up to two years and fined up to $1,000. Okla. Stat. tit. 21 § 9

Trebled Civil Damages

Oklahoma law also allows the victim to bring a civil action against the perpetrator to recover up to three times the value of the value of the property that was damaged or destroyed.

In addition, because the standard of proof in a criminal trial is so much higher than in a civil matter, if you are found guilty in the criminal matter, you will almost certainly be found guilty in the civil matter as well.

If you or a loved one are facing charges of malicious injury to property, you need the help of an experienced Stillwater criminal defense lawyer. Your lawyer can help you with both the criminal and potential civil action. Bring your questions and concerns to us.