Virginia Destruction of Property Defense

§ 18.2-137 • D.J. Rivera, Esq.

The Law: Virginia Code § 18.2-137

Any person who willfully and maliciously causes damage to any personal or real property, or who causes damage to any property for the purpose of injuring the owner or occupant thereof, shall be guilty of a Class 1 misdemeanor if the damage is less than $1,000; or a Class 6 felony if the damage is $1,000 or more.

Penalties

Damage < $1,000: Class 1 misdemeanor
Damage ≥ $1,000: Class 6 felony

Defense Strategies

Lack of malice or intent (accident, recklessness only)
Value of damage disputed or under $1,000
Self-defense of property or others
Insufficient evidence linking you to the damage

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