An Empathetic Approach to Legal Challenges
We believe that everyone deserves the chance to explain their side of the story, especially when it comes to legal issues that can change the course of their life. At our firm, led by attorney Jonathan Paul, we approach criminal defense from a unique angle, one based on empathy and understanding. Our clients are not "criminals"; they are individuals who find themselves in a tough situation and need guidance to make a true impression on the court.
In this post, we aim to shed light on the charges related to Malicious Destruction of Property (MDOP) in Michigan, particularly focusing on how these cases are handled in the 43rd District Court, which covers Hazel Park, Madison Heights, and Ferndale within Oakland County.
What Constitutes Malicious Destruction of Property (MDOP) in Michigan?
For the court to consider you guilty of MDOP, the prosecution must prove the following elements:
Levels of Offense and Possible Penalties
The prosecution can aggregate incidents if they involve the same parties within a 12-month period. The test for determining the value is based on "fair market value."
Specific Intent Crime
MDOP is a specific intent crime, meaning that if you didn't intentionally destroy the property, the prosecution can't prove the case beyond a reasonable doubt, leading to a not-guilty verdict.
Negotiating Down MDOP Charges
A Michigan MDOP charge can often be negotiated down to a lesser charge if the defendant agrees to make full restitution to the victim. Felonies can sometimes be reduced to misdemeanors through this approach.
Concluding Thoughts: You Have a Choice
Being charged with MDOP can be a daunting experience, full of uncertainty and fear. But remember, you only get to handle your case once. Choose to approach it with a growth mindset and take control of your situation. Reach out to an experienced Michigan criminal defense attorney to discuss your case, especially one who understands the unique characteristics of the 43rd District Court.
We believe that everyone deserves the chance to explain their side of the story, especially when it comes to legal issues that can change the course of their life. At our firm, led by attorney Jonathan Paul, we approach criminal defense from a unique angle, one based on empathy and understanding. Our clients are not "criminals"; they are individuals who find themselves in a tough situation and need guidance to make a true impression on the court.
In this post, we aim to shed light on the charges related to Malicious Destruction of Property (MDOP) in Michigan, particularly focusing on how these cases are handled in the 43rd District Court, which covers Hazel Park, Madison Heights, and Ferndale within Oakland County.
What Constitutes Malicious Destruction of Property (MDOP) in Michigan?
For the court to consider you guilty of MDOP, the prosecution must prove the following elements:
- The property damaged belonged to someone other than the defendant.
- The defendant intentionally destroyed or damaged the property.
- The defendant acted knowing it was wrong and without just cause or excuse.
- The prosecution must establish the value of the damage, determining the level of offense charged.
Levels of Offense and Possible Penalties
- If the damage is under $200, you will be charged with a 93-day misdemeanor.
- For damages between $200-$1,000, you will be charged with a one-year misdemeanor.
- Damages exceeding $1,000 but below $20,000 will result in a felony charge.
- If the damage exceeds $20,000, a more serious felony charge with increased jail time is likely.
The prosecution can aggregate incidents if they involve the same parties within a 12-month period. The test for determining the value is based on "fair market value."
Specific Intent Crime
MDOP is a specific intent crime, meaning that if you didn't intentionally destroy the property, the prosecution can't prove the case beyond a reasonable doubt, leading to a not-guilty verdict.
Negotiating Down MDOP Charges
A Michigan MDOP charge can often be negotiated down to a lesser charge if the defendant agrees to make full restitution to the victim. Felonies can sometimes be reduced to misdemeanors through this approach.
Concluding Thoughts: You Have a Choice
Being charged with MDOP can be a daunting experience, full of uncertainty and fear. But remember, you only get to handle your case once. Choose to approach it with a growth mindset and take control of your situation. Reach out to an experienced Michigan criminal defense attorney to discuss your case, especially one who understands the unique characteristics of the 43rd District Court.