CR 6-301: Malicious Destruction

Malicious destruction of property under Maryland Criminal Code section 6-301 is a common offense that can be charged by itself or as a lesser included to a more serious offense.  Maryland law prohibits a person from willfully and maliciously destroying, injuring or defacing the real or personal property of another.  Willful means voluntary or intentional, so accidental conduct that destroys property is not a crime.  In addition to the conduct being voluntary and intentional, it must also be done with some sort of evil intent designed to injure, harass or annoy another person.  Both elements must be present for the State to prove a case for malicious destruction under Maryland law.  There are two levels of malicious destruction, but both appear under the same law.  The most serious is subsection (b), which applies to cases where the damage was more than $1,000.  Subsection (c) deals with all cases when the damage alleged to have been caused is less than $1,000.

An obvious case would be if a person intentionally slashes someone’s tires or throws a rock at a person’s car window.  In each of these cases one party set out to destroy or damage the property of another.  A less obvious, but common scenario occurs when two people are in an argument, and one snatches the other’s phone.  If the phone falls and breaks the person who grabbed it could be charged with malicious destruction regardless of whether he or she intended to break the phone.  The intentional act could be the grabbing of the phone, and the malice element would be satisfied by proving a heated argument.

Maryland Criminal Code section 6-104 prohibits a person from willfully and maliciously setting fire or burning the property of another.  If the damage caused totals $1,000 or more the defendant will likely face malicious burning and malicious destruction charges.  Malicious burning over $1,000 is a felony with a 5-year maximum prison sentence along with a potential $5,000 fine.  Malicious burning less than $1,000 under Maryland Criminal Code section 6-105 is a misdemeanor punishable by up to 18 months in jail and a $500 fine.  There is a huge difference between felony and misdemeanor malicious burning and from destroying property by fire or any other method.  Any time fire is involved in a crime the charges become more serious due to the potential spread of the fire.

Defending malicious destruction cases often comes down to attacking the State’s ability to prove that the defendant caused the damage.  Anyone can claim someone destroyed their property, but many times it is just one person’s word against another’s.  It is also a defense to challenge the evidence that establishes value, as the crime becomes far more serious once the $1,000 threshold is crossed.

Malicious destruction is a misdemeanor under Maryland Criminal Code 6-301.  The penalty if the damage is more than $1,000 is up to 3 years in prison and a $2,500 fine.  In cases where the damage is less than $1,000 the penalty is up to 60 days in jail and a $500 fine.

Benjamin has successfully taken on the State in dozens of malicious destruction cases and is ready to fight for you.  He understands that these charges are routinely fabricated by scorned exes and even police officers.  These charges often accompany other violations such as assault, burglary and theft.  Many times, the incidents are domestic, and defendants are also facing domestic violence charges.  Malicious destruction lawyer Benjamin Herbst handles criminal cases in all Maryland jurisdictions, and he is standing by to offer a free consultation about your case at 410-207-2598.