Q: Can a person be charged with criminal damage to property if the damage was already done?
A:
Assuming the person is charged with criminal damage to property in the 2nd degree (Georgia Code section 16-7-23), an element of the charge is intentional conduct and causing damage. You can review the code section at http://www.lexisnexis.com/hottopics/gacode/.
If there was no intentional damage caused, the charge would seem to be improper; however, you should strongly consider retaining a criminal defense attorney who can review the evidence, assess whether or not you have viable defenses and advocate on your behalf. I imagine the prosecutor's perception of the case (and whether the damage was already there) and yours are probably not in line with one another.
Again, call an attorney and set up a consultation to review your case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
