Asked in Criminal Law for Missouri

Q: Does property damage in the first degree have to be proven malicious or do accidents count too?

Related Topics:
1 Lawyer Answer
Anthony J Muhlenkamp
Anthony J Muhlenkamp
  • Criminal Law Lawyer
  • Webster Groves, MO
  • Licensed in Missouri

A: Malicious is not the right word. But the State would have to prove "intent to damage property". If it was truly an accident, that would be a plausible defense to the charges. However, that would depend on the specific facts of your case.

People get in car accidents every day and do not get charged with crimes because they are only accidents and nobody was intentionally trying to hit another car.

Please make sure you have an attorney that can explore that defense with you as property damage in the first degree is a felony in the state of Missouri.

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.