Destruction of Property in Washington, D.C.

Yes. Recent trial results include an outright acquittal for a client charged with destruction of property, and an acquittal in a combined simple assault and destruction of property case.

It can be. Destruction of property is one of the offenses that fall within the domestic violence category when the parties are in a domestic relationship. Destruction of property is also commonly cited in civil protection order petitions.

Value determines whether the offense is a felony (damage of $1,000 or more) or a misdemeanor, and therefore the maximum penalty. The government’s proof of value is itself a contested issue in many cases.

Restitution is a common requirement in destruction of property cases. The defendant is typically required to pay to repair or replace the damaged property.

Depending on the defendant’s prior contacts with the criminal justice system, yes. Under a deferred prosecution agreement, for example, the defendant agrees to perform community service, typically 32 to 48 hours over six to nine months, and the government dismisses the charge on successful completion.

Lack of malicious intent; mistake or accident; insufficient proof of who caused the damage (identification, witness credibility, video, photographs); that the property was not another person’s; and the value of the property, which determines whether the charge is a felony or a misdemeanor.

The statute applies to property “not his or her own,” and the government must prove the property belonged to another. In Wiley v. United States, 264 A.3d 1204 (D.C. 2021), the D.C. Court of Appeals reversed a destruction of property conviction where the defendant removed a lock from a gate on a house he believed he owned; the evidence showed an intent to secure, not damage, the property.

No. Property damage caused purely by mistake or accident does not satisfy the intent requirement.

The required mental state is general intent with malice. The government must prove either an actual intent to cause the harm or the intentional performance of an act with awareness of a strong likelihood that the harm will result. Intending the act is not the same as intending the damage.

In order to secure a conviction for destruction of property, the prosecutor must prove beyond a reasonable doubt that the defendant damaged or destroyed, or attempted to damage or destroy, property; that the property belonged to another person; that it had some value; that the defendant acted voluntarily and on purpose, not by mistake or accident; that the defendant intended to damage the property or acted despite knowing the conduct created a substantial risk of harm to it; and that the defendant acted without justification, excuse or mitigating circumstances.

If the property is valued at $1,000 or more, destruction of property is a felony punishable by up to 10 years in prison and a $25,000 fine. Otherwise it is a misdemeanor with a maximum of 180 days in jail and a $1,000 fine.

Under D.C. Code § 22-303, it is a crime to maliciously injure, break, destroy, or attempt to injure, break or destroy, public or private property belonging to another person. It can be charged as a felony or a misdemeanor depending on the value of the property or the amount of damage.