The Law - 720 ILCS 5/21-1.3 . Sentencing for Criminal Damage to property is dependent on which element is alleged and the total value of the damages sustained by the property by the Defendant. Search Illinois Statutes. Criminal Damage of Property Under Illinois laws, Criminal Damage of Property is when someone knowingly damages the property of someone else (without consent from the owner). What is Criminal Damage to Real Property Under Illinois ... This includes setting fire to or setting off explosives on another's property, injuring their animals or depositing something with an offensive smell. 10.03. 720 ILCS 5/12-7.1 - Illinois General Assembly It has long been a criticism of the criminal justice system that criminals are afforded greater protections and rights than the accused defendant. Mr. Barkemeyer defends those charged with Aggravated Criminal Damage to Property. Deposits on government supported land or in a government supported building, without the consent of the State, any stink bomb or any offensive smelling compound . A person commits Criminal Damage to Property to Government Supported Property when he or she knowingly: Starts a fire on government supported property without the consent of the State. Criminal Property Damage. CARLA MARIE CARLOS was booked on 11/27/2021 in Kendall County, Illinois. Man, 20, Charged With Criminal Damage To Property: Blotter ... Criminal damage to government supported property is always a felony. Property damage cases are one of the regular types of lawsuits that come before judges in small claims courts regularly—they're a staple. According to Illinois law, certain forms of property damage can be considered a criminal act, punishable by severe penalties. Waukegan Criminal Damage to Property Attorney | 847-336-9111 The statute does not require the damage to have been directly caused by an act of the defendant. Small Claims Court in Illinois. In most cases, a plaintiff files an action against a defendant claiming that the defendant negligently (accidentally) or intentionally damaged the plaintiff's property. Illinois's small claims court will handle rent-related cases totaling up to $10,000. Under Illinois law, criminal damage to property (technically called criminal defacement of property) occurs when a person: Knowingly damages any property of another Recklessly by means of fire or explosive damages property of another Knowingly starts a fire on the land of another Criminal damage to property. Restitution in Personal and Property Damage Criminal Cases Illinois Statutes Chapter 720. Criminal Offenses § 5/21-1 ... Enter upon another party's land after receiving notice of forbiddance . " (a) A person commits criminal damage to property when he or she: (5) Knowingly deposits on the land or in the building of another any stink bomb or any offensive smelling . According to Illinois law, "A person commits criminal defacement of property when the person knowingly damages the property of another by defacing, deforming, or otherwise damaging the property by the use of paint or any other similar substance, or by the use of a writing instrument, etching tool, or any other similar device." Depending on the severity of damage and the property which you have allegedly damaged, you could face a Class 1-4 felony. He was taken to the Will County Adult Detention . Illinois Pattern Jury Instructions Civil Second No. In some states, intentionally causing damage to the property of another person is known as the crime of malicious damage to property, but it is essentially the same crime. In Illinois the compiled statues on criminal damage to property (ILCS criminal damage to property) is found under: 720 ILCS 5/21-1 et seq. Illinois Criminal Code of 1961 - Article 21. In these cases, Illinois mandates an escalating penalty structure with confinement periods and hefty criminal fines. Man, 20, Charged With Criminal Damage To Property: Blotter - Plainfield, IL - Plainfield police also charged several people with driving under the influence of alcohol between Nov. 11 and Nov. 15. Section 720 ILCS 5/21-1 - Criminal damage to property (a) A person commits criminal damage to property when he or she: (1) knowingly damages any property of another; (2) recklessly by means of fire or explosive damages property of another; (3) knowingly starts a fire on the land of another; (4) knowingly injures a domestic animal of another without his or her consent; (5) knowingly deposits on . 636 (3d Dist.1986); People v. Besides your attorney, do not talk to anyone else regarding the issue, especially the police, until you have sought advice from with an experienced . Each person has a duty to use ordinary care so that he does not cause injury or damage to others. He was charged with CRIMINAL DAMAGE TO PROPERTY LESS THAN $500. This instruction should be given when a defendant is charged with criminal damage to property or criminal defacement of property and there is evidence that the defendant, as well as the alleged victim, has an interest in the property. 7031 Koll Center Pkwy, Pleasanton, CA 94566 If you've had your property damaged in Illinois, you could be thinking about filing a lawsuit against the person or organization you think is legally responsible for what happened. G. Criminal Damage to Property where the value of the alleged damage is done to a school, place of worship or to farm equipment with a value of more than $10,000.00, is a Class 2 Felony, which is punishable by 3 - 7 years in the Illinois Department of Corrections with fines and cost of $25,000.00 or both. Criminal defacement of property is a Class 3 felony if the aggregate value of the damage to property exceeds $300 and the property damaged is a school building or place of worship. The Criminal Damage Act 1971 (CDA 1971) is the primary source of offences involving damage to property. Oct. 26: A man was arrested on a warrant at 7:42 a.m. at 1740 W. Taylor St. Oct. 28: A man was charged with criminal trespass at 8:31 p.m. at 1933 W. Polk St. According to police, a window at Wendyâ s Restaurant is the latest reported damage that occurred between Tuesday and Wednesday. First things first: You need to talk to a criminal damage to property attorney if you're not sure what to do. Illinois Statute on Criminal Damage To Property In Illinois the compiled statues on criminal damage to property (ILCS criminal damage to property) is found under: 720 ILCS 5/21-1 et seq. Deposits on government supported land or in a government supported building, without the consent of the State, any stink bomb or any offensive smelling compound . This offense applies whenever an offender destroys another person's property recklessly or knowingly. Call 225-964-6720. A breakdown of Illinois civil statute of limitations laws is listed in the following table. PROVIDED BY MCLEAN COUNTY JAIL Wanda R. Brooks The crime of criminal trespass to property is a serious offense, which can result in an extensive jail sentence and costly fines. If the total property damage is between $300 and $10,000 the crime is a Class 4 felony. Criminal damage to property. She was 42 years old on the day of the booking. The intent requirement of criminal damage to property is not easy to prove, but you will almost always need the assistance of an attorney to avoid making a mistake and achieving maximum success. (a) A person commits criminal damage to government supported property when he or she knowingly: (1) damages any government supported property without the consent of the State; (2) by means of fire or explosive damages government supported property; (3 . 21-1. For example, in Illinois, if the value of the damage to property is less than . While there are a variety of crimes that are considered property crimes in Illinois, the most common is Criminal Damage to Property. property of another; (3) knowingly starts a fire on the land of another; (4) knowingly injures a domestic animal of another Illinois law has no provisions governing landlord right to entry. hydrogen Property damage damage to public or private property Radiation damage damage or injury due to ionizing radiation Water damage damage done by intentional damage elsewhere, such as with a military operation, is called collateral damage while damage specifically done to public or private property is called dwellings and the food supply, and few sanctions were imposed for damaging . This is a serious felony charge that can carry a possible sentence of up to fifteen years in prison. Avvo has 97% of all lawyers in the US. Criminal damage to property is an Illinois crime that addresses intentionally destructive behavior. Criminal damage to property is a serious crime in Illinois - and it's one that can put you behind bars. Sec. In Illinois the compiled statues on criminal damage to property (ILCS criminal damage to property) is found under: 720 ILCS 5/21-1 et seq. Contact DuPage County criminal defense attorneys at 630-472-9700. A co-defendant in the most recent case, Darla J. Townsend, 58, of Zion, Ill., pleaded guilty last year to two misdemeanor counts of criminal damage to property and was fined $500 plus court costs . LAQUELL BROWN was booked on 12/12/2021 in DuPage County, Illinois. a Class 3 felony when the damage to property exceeds $500 but does not exceed $10,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which memorializes or honors an individual or group of police officers, fire fighters, members . (a) A person commits criminal damage to property when he or she: (1) knowingly damages any property of another; (2) recklessly by means of fire or explosive damages . (720 ILCS 5/21-1.01) (was 720 ILCS 5/21-4) Sec. But what is criminal damage to property, and what kind of penalties does it carry? Criminal damage to property is an Illinois crime that addresses intentionally destructive behavior. Find the best ones near you. Simple criminal damage to property A. by | posted in: Uncategorized | 0 . Under Illinois law, Criminal Damage to Property includes all types of vandalism: slashing, smashing, burning, exploding, shooting, with the exception of defacement (e.g., grafitti) which is a lesser crime. Her intention was to simply talk to her parents about their mistreatment of her brother and his family. In these cases, Illinois mandates an escalating penalty structure with confinement periods and hefty criminal fines. §56. She was charged with CRIMINAL DAMAGE TO PROPERTY (MISD). (a) A person commits criminal damage to property when he or she: (1) knowingly damages any property of another; (2) recklessly by means of fire or explosive damages property of another; (3) knowingly starts a fire on the land of another; (4) knowingly injures a domestic animal of another without his or her consent . Criminal Damage to Government Supported Property. (b) When the charge of criminal damage to property exceeding a specified value is brought, the extent of the damage is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the specified value. Illinois Compiled Statutes Table of Contents. Originally intended to other criminal damage to property illinois street gang and the public. All states criminalize vandalism, though the language state laws use to describe the offense often differs. 21) Illinois Criminal Damage of Property - Laws & Penalties. If you have been arrested or are facing criminal charges for Criminal Damage to Property (720 ILCS 5/21-1), in Waukegan or Lake County, Illinois, then it is critical that you speak with an experienced criminal defense lawyer as soon as possible.. (b) When the charge of criminal damage to property exceeding a specified value is brought, the extent of the damage is an element of the offense to be resolved by the trier of fact as either exceeding or not exceeding the specified value. 3.00 PARTICULAR TYPES OF EVIDENCE - 3.15A - Approved . August 6, 2021 Uncategorized. Illinois' civil statute of limitations laws impose a two-year limit for claims involving personal injuries, five years for injury to property, and 10 years for written contracts, just to name a few. The crime of vandalism, sometimes called malicious mischief, criminal mischief, or property damage, occurs whenever someone intentionally damages property that belongs to someone else.Juvenile vandalism is any vandalism performed by a person under the age of 18. First, choose your state: Alabama . (2) The provisions of this Section shall include the intentional damaging of a dwelling, house, apartment, or other structure used in whole or . 0 comments . Landlord Right to Entry in Illinois. The offense of criminal damage to property (also known as Knowingly Damage Prop) under 720 ILCS 5/21-1 [1140000] [1140100] [1140125] [1140150] [1140200] [1140600] [1140700], is a law that punishes intentional vandalism of another person's property. A person commits Criminal Defacement of Property when the person knowingly damages the property of another without his or her consent by defacing, deforming, or otherwise damaging the property by the use of paint or any other similar substance, or by the use of a writing instrument, etching tool, or any other similar device. Her father admitted to th police that he struck her physically, first. illinois criminal damage to property. Aggravated Criminal Damage to Property Defense Lawyer in Baton Rouge, Louisiana. In Illinois, is 720 ILCS 5/21-1 (Criminal damage to property) (a) A person commits criminal damage to property when he or she: Lawyer directory. Criminal damage to property ranges from a Class B misdemeanor to a Class 1 felony, depending on the charges. Seek Legal Help for Property Crime Charges in Illinois Additional fines and/or community service hours may be added to the sentence. The charge of criminal damage to property is punishable in varying degrees of severity under Illinois law. "(a) A person commits criminal damage to property when he or she: (1) Knowingly damages property of another; (2) Recklessly by […] This charge includes the additional element "that human life . represent clients charged with Criminal Damage to Property throughout Chicago and its surrounding areas including Cook, Lake and DuPage counties.. ROCKFORD, Ill. (WTVO) — Rockford Alderman Bill Rose (D-9th Ward) faces charges of DUI, criminal trespassing, criminal damage to property, disorderly conduct, and carrying a concealed firearm . The class of felony and punishment depends on the dollar value of the damage and the action taken. This could have a profound impact on your freedom and finances. Criminal damage to property can be a misdemeanor of felony, depending on many factors. Marco Sanchez Jr., 29, of Chicago, was charged with domestic battery and criminal damage to property at 6:29 p.m. in the 300 block of Emery. Any time an individual knowingly causes damage to the property of another person, they could be charged with this crime. Leaving scene of property damage accident: 1 Aggravated flee/attempt to elude police: 1 Criminal trespass: 1 Theft: 1 Criminal damage: 1. Illinois Compiled Statutes Table of Contents. § 21-1.01. It created a statutory offence of arson and abolished the common law offence (s.11 CDA 1971).. Cumulative Changes to Illinois Pattern Jury Instruction - Criminal. A person commits Criminal Damage to Property to Government Supported Property when he or she knowingly: Starts a fire on government supported property without the consent of the State. Under the laws of Illinois, criminal damage to property may be a relatively minor misdemeanor or a serious felony. (1) Simple criminal damage to property is the intentional damaging of any property of another, without the consent of the owner, and except as provided in R.S. INTRODUCTION TO IPI CRIMINAL - Revised September 2019. (a) A person commits criminal damage to government supported property when he or she knowingly: Maximum penalties are 4 to 15 years in prison and fines up to $25,000. Criminal defacement of property is a Class 4 felony if the damage to property does not exceed $300 and the property damaged is a school building or place of worship. See People v. Jones, 145 Ill.App.3d 835, 495 N.E.2d 1371, 99 Ill.Dec. The answers herein are not intended to be Legal Advice and do Not establish an Attorney-Client Relationship. A jail sentence of up to one year and a fine of up to $2,500.00 if the property damage was less than $300.00 - this is a Class A misdemeanor; A prison term of between one to three years and a fine of up to $25,000.00 if the property damage was between $300.00 and $10,000.00 - this is a Class 4 felony Criminal damage to property. A violation of paragraphs (1) through (6) is a Class 1 felony when the damage to property exceeds $100,000 and the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to grain elevators, grain bins, and barns or property which . Criminal damage to property is commonly thought of as "vandalism" but can also cover other offenses in Illinois. Criminal Damage to Property Charges in Illinois The crime of criminal damage to property is defined in Illinois by 720 ILCS 5/21-1 as follows. See 720 ILCS 5/21-4. Criminal damage to property is a matter of state law and the law varies from state to state. You can also be charged with this type of crime by recklessly damaging someone else's property by fire or explosion, as well as knowingly injuring another individual's pet. Criminal Damage to Government Supported Property. Criminal defacement of property is a Class 4 felony for a second or subsequent conviction or if the aggregate value of the damage to the property exceeds $300. 2.00 BURDEN OF PROOF. Operators licensed under the property seized or more of money. . 21-1.01. Criminal damage to property. Criminal damage to property. Similarly, every person has a duty to use ordinary care for his own safety and for the safety of his property. The least-serious version of this charge is a class A misdemeanor, punishable by up to a $2,500 fine and up to 364 days in jail. In Illinois, you commit criminal damage to property if you knowingly damage any property of another. (This emphasis on the defendant's rights is understandable when one considers that victims are not in jeopardy of being wrongly convicted . 21-1. Cable television company, criminal damage to property subject to commit fraud act; or participated in any unsatisfied judgment that is a traveling to proceedings. In Illinois, Criminal Damage of Property is when an individual purposefully and knowingly damages property of another person without their consent. COMPLETE SET OF ILLINOIS PATTERN JURY INSTRUCTIONS-CRIMINAL. 337 P.2d 604 (1959) Gaar THOMAS, Plaintiff and Appellant, v. Criminal Damage to property and trespassing by provocation. a Class 2 felony when the damage to property exceeds $100,000. Maximum . ARRESTS BY UIC POLICE. The punishment depends on what type of property was damaged and the dollar value of the damage. See 720 ILCS 5/21-1. Damage over $500 is a felony. This offense applies whenever an offender destroys another person's property recklessly or knowingly. Section 720 ILCS 5/21-4 - [Renumbered as720 ILCS 5/21-1.01]Criminal Damage to Government Supported Property Section 720 ILCS 5/21-5.5 - Criminal trespass to a safe school zone Make your practice more effective and efficient with Casetext's legal research suite. Sec. ilcs criminal damage to property. The criminal defense attorneys at The Davis Law Group, P.C. Restitution in Personal and Property Damage Criminal Cases. 14:55, by any means other than fire or explosion. However, in the city of Chicago, landlords must provide at least 2 days of notice before entering the premises. Criminal damage to property is charged as a Class 1 felony if property damage exceeding $100,000 is done to a school, place of worship, or farm equipment. by Attorney Matt Hoffman. 21‑1.1. Let a seasoned Chicago criminal defense lawyer be your advocate and skillfully defend you against these charges. Criminal defacement of property is a Class 4 felony for a second or subsequent conviction or if the damage to the property exceeds $300. (c) Independent of any criminal prosecution or the result of a criminal prosecution, any person suffering injury to his or her person, damage to his or her property, intimidation as defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section 12-6 of this Code, stalking as defined in Section 12-7.3 of this Code, cyberstalking as defined in . The courts determine the severity of a sentence for this offense based upon the value of the property that was damaged: If the value is less than $500, violators commit a criminal damage to property misdemeanor. Criminal damage to property. Property damage crimes that are committed against a school, house of worship, or farm equipment where the damage is less than $300 are also considered . If the value sustained is specified in the complaint against the Defendant, it's ultimately up to the trier of fact to decide whether the damages sustained exceeded or didn't exceed . (720 ILCS 5/21-1) (1) A person commits an illegal act when he: (a) knowingly damages any property of another; or (b) recklessly by means of fire or explosive damages property of another; or (c) knowingly starts a fire on the land of another; or Darryl M.J. Griffin, 29, is charged with theft, criminal damage to property and two counts of criminal trespass to a building. Although allegations of property damage exceeding $500.00 are technically felony-eligible . (a) A person commits criminal damage to property when he or she: (1) knowingly damages any property of another; (2) recklessly by means of fire or explosive damages property of another; (3) knowingly starts a fire on the land of another; (4) knowingly injures a domestic animal of another without his or her consent . In these cases, Illinois mandates an escalating penalty structure with confinement periods and hefty criminal fines. My wife is charged with criminal damage to property and criminal trespassing at her parent's house. 1.00 FUNCTION OF COURT, JURY, AND COUNSEL - 1.01A & 1.01B - Revised April 30, 2021. Find a lawyer near you. Andrew L. Ford, 28, and Jeremy M. Casiano, 27, face charges of burglary, a Class 2 felony; criminal damage to property under $500, a Class A misdemeanor, and theft under $500, a Class A misdemeanor. These crimes carry a maximum sentence of between one and three years in prison and a fine of up to $25,000. An individual commits criminal trespass to property by doing the following: Knowingly enter or remain within or on a building without permission. Criminal Damage Cases are Defensible on Many Issues. A person commits criminal damage to property when he or she: The offense of Criminal Damage to Property can be charged at either misdemeanor or felony level. 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