Columbus, GA asked in Criminal Law for Georgia

Q: Can a person be charged with criminal damage to property if the damage was already done?

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1 Lawyer Answer
Jamie B Hernan
Jamie B Hernan
  • Criminal Law Lawyer
  • Roswell, GA
  • Licensed in Georgia

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

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.

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