In Illinois, courts may consider damage to property as criminal if someone knowingly damages another person’s property without permission. This means the person knew what they were doing, even if they didn’t mean to cause harm.
What does Illinois consider criminal property damage?
State law recognizes various kinds of property damage as criminal. This includes:
- Damaging general property, from breaking a window to keying a car
- Recklessly starting a fire on someone else’s property
- Hurting someone’s pet or farm animals
- Leaving stink bombs or other foul-smelling compounds on someone’s property
- Railroad damage, specifically shooting at trains
- Tampering with fire hydrants or other firefighting gear
Some circumstances may lead to harsher sentences. Damaging certain property types, like schools or farms, can lead to more severe punishments. If a person damages someone’s crops, they could face both civil penalties and criminal charges.
However, take note that every situation is different. The law may apply differently based on various factors, and professional legal advice may be necessary.
What factors can affect penalties and sentencing?
Factors that affect the severity of penalties include:
- The value of the damaged property: Higher value generally means harsher penalties. For example, breaking a cheap fence might get a person in less trouble than damaging an expensive car.
- The type of property damaged: Damage to schools, churches or memorials often gets stricter punishments. This is because these places are particularly important to communities. So, spray-painting a school wall might get someone in more trouble than doing the same to someone’s house.
Additional penalties may include fines and community service. When damage exceeds $10,000, the court may impose a fine equal to the value of the damages. They may also require 30 to 120 hours of community service.
Know all your options
When facing charges involving property damage, it’s important to have a clear picture of your situation. An attorney can offer insights on potential paths forward.
