Simple criminal damage to property: the intentional damaging of any property of another party, without their consent, by any means other than fire or explosion. This law also applies to the intentional damaging of any structure used as a home or residence.
Aggravated criminal damage to property: the intentional damaging of any structure or movable property, with the foreseeability that human life could be endangered.
Criminal damage to property by defacing with graffiti: to intentionally deface immovable or movable property with graffiti without the consent of the owner.
Criminal damage to historic buildings or landmarks by defacing with graffiti: the offender intentionally defaces any publicly or privately owned historic building or landmark with graffiti, without the consent of the owner. A historic building or landmark is defined as property specifically designated as historically significant by: a state or local governmental agency; any structure located within a National Register Historic District; a local historic district; a Main Street District; a cultural products district; or a downtown development district.
Damage to property with intent to defraud: a crime that only involves property being damaged with the intent to defraud. This is the only property damage crime that does not require a prosecutor to prove that an alleged offender intentionally damaged property.
Criminal trespass: the offender enters any structure, watercraft, or movable or immovable property owned by another party without express, legal, or implied authorization.
Simple criminal damage to property:
Penalties will depend on the amount of damage that was caused.
When the damage is less than $1,000,
In Louisiana, most criminal damage to property crimes involve proving the intentions of the offender. It is extremely difficult for a prosecutor to prove what a person was thinking at the time of the offense. Their case will usually rely on the eyewitness testimony of other parties.
There are various, viable defenses that can be utilized if the intent to damage the property in question was unintentional. For example, one's temper may have been momentarily lost or the offender may not have realized their own strength. Both scenarios could successfully cause a criminal conviction to be avoided.
If you or a loved one was recently arrested for a criminal damage to property crime in the greater Shreveport-Bossier area, The Norris Law Group can fight for you. It is important to refrain from speaking with law enforcement until legal representation has been obtained.
Call 318-771-7000 or contact us online right now to get your own confidential consultation.
La. R.S. 14:56(1).
La. R.S. 14:56(2).
La. R.S. 14:55.
La. R.S. 14:56.4.
La. R.S. 14:56.5.
La. R.S. 14:56.5.B.(3).
La. R.S. 14:57.
La. R.S. 14:63.
La. R.S. 14:56.B.(4).