Boise Criminal Lawyers, Idaho DUI Attorneys, Boise Criminal Defense Lawyer Attorney, free consultation call (208) 472-2383, criminal defense, DUI, probation violation, parole violation, felony, misdemeanor and all crimes in Idaho.
There are a whole range of crimes in Idaho and Boise Criminal Lawyers routinely represent individuals in a wide area of crime. There is the whole range of crime from serious crime to less serious crimes such as felony and misdemeanor distinctions. Boise Criminal Lawyers know people will often be charged with a serious crime only to have the charges reduced or dropped. An area where this often happens is trespass and malicious injury to property.
Trespass and malicious injury to property are crimes enumerated in Title 18, Chapter 70 of the Idaho Code. You can be charged with trespass, malicious injury to property or both. Malicious injury to property occurs when a person maliciously injures or destroys another person's real or personal property or property jointly owned between two people. The penalty for malicious injury is fairly stiff. If the property is valued at less than $1000 the crime is charged as a misdemeanor and carries a penalty of up to $1,000, up to one year in the county jail or both. If the property is valued at more than $1,000 or there are several pieces of property that are maliciously destroyed, the value of which exceeds $1,000 combined, the crime is charged as a felony and carries a penalty of up to a $1,000, a prison term of no less than 1 year but up to 5 years in prison, or both.
The critical element of malicious injury is that the destruction is malicious. Boise Criminal Lawyers can tell you that to be charged with a crime you must have the intent (unless it is a strict liability crime which will be covered later in a subsequent post where it can be best dealt with) to commit the crime. Maliciousness implies intent. If you destroy someone else's property, thinking that it is your property, you lack the intent to be charged with the crime. Does this mean you will get off completely? Boise Criminal Lawyers know that there is still a crime which you may be charged with; trespass.
Trespass occurs when you willfully destroy wood or timber belonging to someone else, take timber, rocks or soil off private land, willfully break down a fence or gate, maliciously injure or kill livestock or pets, if you come back after being asked to leave or you enter where there is a no trespassing sign posted according to the requirements of law. Again, an Idaho Criminal Attorney will tell you that the act has to be willful, not by mistake. So, if you, for example, go onto a neighbor's property to cut down what you think is your tree, you may be charged with trespass if you don't ask for permission to enter the land, but if you think it is your tree there is no maliciousness involved.
If you have been charged with malicious injury to property or trespass and need to speak to an Idaho Criminal Attorney please call (208) 472-2383. On our website you will find helpful information about criminal law in Idaho. You will also find a quick contact form. If you fill it out and let us know what is the best way to contact you, one of our Boise Criminal Lawyers will get right back to you.
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