An individual who purposefully damages or destroys the personal property of another can be charged with the crime of Willful and Malicious Destruction of Property (MDOP) under MCL 750.377a or 750.380. A conviction under these statutes requires a showing of intent to cause injury to the property. It does not require the intent to harm the specific property owner.
A MDOP offense can either be a misdemeanor or a felony, depending on the extent of the damage caused (see chart below). Penalties may include prison time, a fine, restitution, or a combination of the three. Restitution means recompensing the property owner for the damage to their property. The amount of restitution in MDOP cases can be calculated by showing the difference in market value of the property before and after the damage, or by showing the reasonable cost of repairing the property.
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Prior MDOP convictions also affect the penalties that an individual may face (see chart below).
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If you or someone you know is dealing with a legal issue relating to MDOP, it is imperative that you seek legal representation from a lawyer familiar with this area of law. Finding resolution that can keep someone’s criminal record clean and keep you out of jail may be available.
