So here is the deal. I have received an MDOP or Malicious Destruction of Property criminal misdemeanor charge in Eastpointe and need an attorney from your law firm to give some legal help. I have been having trouble with my neighbors in Eastpointe and they claim I have been disturbing the peace. The Eastpointe police were called by my neighbors in Eastpointe and they claim I sprayed my hose into their piece of shit car and damaged some speakers. This is how they claim that I maliciously destroyed property. They claim the speakers had a value over 200 but less than 1000 and it is an MDOP. My question is, will it still be an MDOP in Michigan if the speakers were never actually destroyed? How are they going to prove that the speakers were actually destroyed if they don’t have the speakers any longer? Can the MDOP be proven in Michigan that way?
Also, the as&%$#@ cops said I was disturbing the police in Eastpointe Michigan because of the loud noise that happened because of this incident. My neighbors are a$^&%#@!!!
You’re case is extremely fact intensive and will require further evaluation before we can make an accurate assessment of whether you have a valid defense to the case. If the speakers were damaged as a result of being soaked with a hose, and they are no longer functioning properly, and the value is as stated, then yes you could be found guilty. Malicious Destruction of Property (MDOP) charges vary in degrees of punishment for the crime with the mony value of the property destroyed.
The relevant Michigan statute, MCL 750.377a provides:
750.377a Willful and malicious destruction of property; personalty.
(1) A person who willfully and maliciously destroys or injures the personal property of another person is guilty of a crime as follows:
(a) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the amount of the destruction or injury, whichever is greater, or both imprisonment and a fine:
(i) The amount of the destruction or injury is $20,000.00 or more.
(ii) The person violates subdivision (b)(i) and has 2 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subparagraph, however, a prior conviction does not include a conviction for a violation or attempted violation of subdivision (c)(ii) or (d).
(b) If any of the following apply, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the amount of the destruction or injury, whichever is greater, or both imprisonment and a fine:
(i) The amount of the destruction or injury is $1,000.00 or more but less than $20,000.00.
(ii) The person violates subdivision (c)(i) and has 1 or more prior convictions for committing or attempting to commit an offense under this section. For purposes of this subparagraph, however, a prior conviction does not include a conviction for a violation or attempted violation of subdivision (c)(ii) or (d).
(c) If any of the following apply, the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the amount of the destruction or injury, whichever is greater, or both imprisonment and a fine:
(i) The amount of the destruction or injury is $200.00 or more but less than $1,000.00.
(ii) The person violates subdivision (d) and has 1 or more prior convictions for committing or attempting to commit an offense under this section or a local ordinance substantially corresponding to this section.
(d) If the amount of the destruction or injury is less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the amount of the destruction or injury, whichever is greater, or both imprisonment and a fine.
(2) The amounts of destruction or injury in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated in determining the total amount of the destruction or injury.
(3) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant’s prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:
(a) A copy of the judgment of conviction.
(b) A transcript of a prior trial, plea-taking, or sentencing.
(c) Information contained in a presentence report.
(d) The defendant’s statement.
(4) If the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions shall not be used to further enhance the sentence for the conviction pursuant to section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.
As the plain language of the statute indicates, you may be found guilty if you destroy or injure the property, which means if the speakers were damaged in any way (which would be unremarkable if you intentionally hosed the interior of your neighbor’s car, as alleged), then you are guilty of MDOP.
However, the attorneys at Canu Torrice Law have represented thousands of these types of cases all over the state of Michigan, and our Michiga criminal defense lawyers have been able to negotiate a reduction or dismissal of such charges, even when there is no substantive defense.
Call Canu Torrice Law today for a free consultation and we will be happy to discuss the defense of your case in further detail.
PETER A. TORRICE
Canu Torrice Law
http://www.AllLegalMatters.com
(586) 285-1700