Criminal Damage to Property Defense Lawyer in Wisconsin
Charged with Criminal Damage to Property under Wis. Stat. § 943.01? Early legal guidance can make a critical difference in how these cases are charged and resolved. Call today for a free, confidential consultation.
What the Law Says About Criminal Damage to Property in Wisconsin
Under Wis. Stat. § 943.01 Criminal Damage to Property occurs when a person intentionally causes damage to the physical property of another without consent. “Damage” can range from minor defacement to complete destruction, and the statute applies to a wide variety of property, including homes, vehicles, personal items, utilities, and public infrastructure.
Importantly, “property of another” can include jointly owned or marital property, such as a shared residence or jointly titled vehicle. The statute also allows charges to escalate based on the value of the damage, the type of property involved, or the risk posed by the conduct, making issues of intent, ownership, consent, and valuation central to most cases. Whether damage was accidental, permitted, or overstated is frequently disputed.
Chirafisi Anderson, S.C. represents individuals charged with Criminal Damage to Property, as well as other misdemeanor and felony property crimes, throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties. We regularly defend cases arising from domestic disputes, vehicle-related allegations, landlord-tenant conflicts, protest activity, and high-value damage claims, focusing on early investigation and legal challenges designed to prevent unnecessary felony exposure.
Elements of Criminal Damage to Property in Wisconsin
To convict a person of Criminal Damage to Property under Wis. Stat. § 943.01(1), the State must prove each element beyond a reasonable doubt, as set forth in Wisconsin Jury Instruction – Criminal 1400.
Specifically, the State must establish that:
- Damage to Physical Property – The defendant caused damage to physical property (from defacement to destruction).
- Intentional Conduct – The defendant intentionally caused the damage (had the mental purpose to damage property or knew damage was practically certain).
- Property of Another – The property belonged, at least in part, to another person.
- Without Consent – The damage was caused without the consent of the owner (or person authorized to consent).
- Knowledge of Ownership and Non-Consent – The defendant knew the property belonged to another and knew the owner did not consent.
These elements apply regardless of whether the alleged damage occurred during a dispute, involved jointly owned property, or resulted in only minor physical harm to the item.
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Penalties and Sentencing for Criminal Damage to Property in Wisconsin
Penalties for Criminal Damage to Property under Wis. Stat. § 943.01 depend on the value of the damage, the type of property involved, and whether the case falls within one of the statute’s felony-enhancing circumstances.
Criminal Damage to Property Penalty Levels
|
Value / Circumstance |
Classification |
Maximum Penalty |
|---|---|---|
|
Intentional damage to another’s property without consent |
Class A Misdemeanor |
Up to 9 months jail and $10,000 fine |
|
Any of the following: value of damage > $2,500; damage to a vehicle/highway likely to cause injury; damage to public utility or common carrier; damage to juror’s property due to verdict; damage to state-owned registered property; damage to rock art sites; eligible plant-research property; or coin/card machine damage with theft intent and $500–$2,500 loss |
Class I Felony |
Up to 3.5 years imprisonment (1.5 years initial confinement + 2 years extended supervision) and $10,000 fine |
|
Damage to property owned/leased/operated by an energy provider, with intent to or actual substantial interruption/impairment of services |
Class H Felony |
Up to 6 years imprisonment (3 years initial confinement + 3 years extended supervision) and $10,000 fine |
|
Damage to registered state-owned land where the owner does not consent (forfeiture-only cases) |
Class B Forfeiture |
Monetary penalty only |
Sentencing Considerations and Aggregation
Under § 943.01(3), the State may combine damage to multiple items committed under a single intent and design into one case. This aggregation can significantly increase the alleged value of damage and elevate a misdemeanor charge to a felony.
In addition to incarceration and fines, courts may order restitution for repair costs, replacement value, and related losses. Judges also consider factors such as the nature of the conduct, criminal history, restitution efforts, and whether the damage posed a risk to public safety.
Common Scenarios in Wisconsin Criminal Damage to Property Cases
Criminal Damage to Property charges in Wisconsin often arise from everyday disputes and emotionally charged situations, rather than calculated criminal conduct. Common scenarios include:
- Domestic or relationship disputes – Breaking phones, doors, TVs, or other household items during arguments, even when jointly owned.
- Vehicle-related damage – Keying a car, breaking windows, damaging tires, or causing damage on or near a highway that could create a safety risk.
- Bar, nightlife, or event incidents – Damage to bar property, security equipment, or other fixtures during fights or disturbances.
- Landlord–tenant disputes – Alleged damage to apartments, rental homes, or common areas after move-out or during eviction-related conflict.
- Utility and energy infrastructure – Damage to meters, lines, boxes, or equipment tied to public utilities or energy providers.
- Protests and group events – Property damage associated with demonstrations, where actual intent and individual responsibility may be disputed.
Many of these cases involve alcohol, stress, misunderstanding, or disputed ownership, and the State’s version of “intentional damage” often does not reflect the full context of what occurred.
Defenses and Legal Strategies in Criminal Damage to Property Cases
Criminal Damage to Property cases frequently turn on intent, ownership, consent, and valuation, all of which are fact-intensive and often disputed. Because the statute requires intentional damage to the property of another without consent, effective defenses focus on whether the State can actually prove each of those elements beyond a reasonable doubt.
Common defense strategies include:
Why Hiring a Criminal Damage to Property Lawyer Matters
Criminal Damage to Property charges can carry consequences far beyond a fine or restitution, particularly when felony enhancements or aggregation are alleged. These cases often hinge on how the State characterizes intent, ownership, consent, and value, and early assumptions can dramatically increase charging exposure. Without careful legal analysis, minor property damage allegations can escalate into felony cases with lasting consequences. Early defense involvement is critical to challenging inflated damage claims and preventing unnecessary criminal exposure.
At Chirafisi Anderson, S.C., our attorneys bring focused criminal defense experience to Criminal Damage to Property cases, including:
Criminal Damage to Property Case Result
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Contact Chirafisi Anderson, S.C.
If you are under investigation or charged with Criminal Damage to Property, early legal representation can make a significant difference in how your case is charged, whether a felony can be avoided, and how restitution and long-term consequences are handled. Contact us today for a free consultation.