Kansas

Damage to another person’s property in Kansas can result a criminal charge known as “criminal damage to property “. It can be a charge related to fraud, vandalism, arson, or other situations where you willfully or recklessly damage something that doesn’t belong to you.

You could be charged with criminal damage to property in Kansas this if you either:

  1. Intentionally injure, damage, deface, destroy or impair the use of property which you have no authority to do so, or
  2. Injure damage, deface, destroy, or impair the use of property in order to collect insurance or defraud a lien holder.

Criminal damage to property is a “nonperson” offense but the severity level and penalty faced depends on the value of the property in question.

Criminal Damage to Property – Penalties in Kansas

If the value is greater than $25,000, you face a severity level 7 nonperson felony punishable by 11 to 13 years in prison as long as you have no criminal record.

If the value is between $1,000 and $25,000 the charge is a severity level 9 nonperson felony which carries a potential penalty of 5 to 7 years in prison if this is your first criminal conviction.

If the value of the property damage is up to $1,000 it is charged as a Class B nonperson felony punishable by up to 6 months in jail.

Ref: Kansas Statutes §21-3720

Injury to a Domestic Animal

Considered a property damage offense, you could be charged with injury to a domestic animal if you give poison, kill, maim, or wound any domestic animal and do so willfully and maliciously.

This is a Class A misdemeanor which carries a potential sentence of up to one year in jail.

Ref: Kansas Statutes §21-3727

Kansas Arson Laws & Penalties

One of the most serious nonperson crimes in Kansas is arson. The charge and potential sentence you face depend on the circumstances surrounding the crime itself.

If you knowingly, by means of fire or explosion:

1.      Damage someone else’s building or property that is a dwelling without consent, or

2.      Damage any building or property that is a dwelling in order to defraud an insurer or lien holder

You will face a severity level 6 nonperson felony which carries a potential sentence of 17 to 19 months in prison as long as you have no prior criminal convictions.

If however, by means of fire or explosive you:

1.      Damage any building or property that is not a dwelling without consent,

2.      Damage any building or property that is not a building with intent to defraud an insurer or lien holder, or

3.      Accidentally damage any property or building while attempting to manufacture a controlled substance

The charge you face is a severity level 7 nonperson felony which carries a potential maximum sentence of 11 to 13 months in prison if you have a clean criminal record. If you have prior convictions you may face a lengthier sentence.

Ref: Kansas Statutes §21-3718

Aggravated Arson

Aggravated arson applies to acts of arson where the building or property is occupied or which results in great bodily harm to a fire fighter or law enforcement officer while in the line of duty. The charge depends on the specifics of the situation.

If the aggravated arson is committed on a building or property where someone is present and it results in a substantial risk of bodily harm, you will be charged with a severity level 3 person felony and face a potential sentence of 55 to 61 months in prison if you have no criminal record.

If the arson is committed on a building or property but results in no risk of bodily harm, the charge is a severity level 6 person felony which can carry a sentence of 17 to 19 months in prison for a first time conviction. If you have a more extensive criminal record, the sentence length will grow.

If the act of aggravated arson causes great bodily harm to a firefighter or police officer it is considered a severity level 3 person felony. This carries a potential sentence of 55 to 61 months in prison for someone with no criminal record.

Ref: Kansas Statutes §21-3719

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