Being the victim of property crime feels terrible. When someone decides to destroy something that belongs to you, it feels like you’ve been violated.

Thankfully, property crimes have declined over the years according to studies. However, they still happen sometimes.

If you have damaged property due to vandalism or other criminal activities, there are certain steps you need to take. To learn more about what to do next, keep reading.

What Is Property Damage?

Criminal property damage under criminal law pertains to different forms of damaged property. The laws regarding criminal property damage differ from state to state, along with the punishment for those offenses.

Most states define property damage as willingly vandalizing property in a manner that does the following:

• Puts public safety in danger
• Tampers with public utilities
• Interferes with transportation

Criminal property damage also includes the risk of harming human life. Civil property violations are only defined as damage to a property.

The Types of Damaged Property Violations

The types of damaged property violations are broken into categories. The intent and details of the activities help to determine the level of consequences. Here are some of the categories:

Littering

In many areas, littering is considered a criminal violation. Particularly in areas that are preserved or considered sacred. For example, damaging a wildlife preserve could have severe consequences.

Use of a Noxious Substance

Another criminal category pertains to activating an offensive odor, such a stink bomb, on another individual’s land, property, or in a building. Unless the act is done per the owner’s consent, it’s a violation.

Furthermore, if it’s done to disrupt the activities at a property, that’s also a criminal offense. For example, if someone lets off a stink bomb to disrupt a business meeting.

Criminal Mischief

Criminal mischief depends on the dollar amount of the property damage. If a criminal intentionally damages the property and the amount of damage done is substantial, the punishment could be worse.

Is Property Damage a Felony?

Property damage violations are usually categorized as a misdemeanor. The property damage liability for most individuals results in fines or a brief jail sentence of less than one year.

Minor property damage activities like littering might only incur a fine or citation. On the other hand, severe property misconduct or repeat offenses can lead to felony charges.

These types of charges result in longer jail sentences and more expensive criminal fees. Furthermore, felony charges are more difficult to remove from a criminal record.

When it comes to criminal damage of a property, many times the offender may have to pay criminal restitution to the property owner. Restitution requires that monetary payments go from the offender to the victim for the destruction of the property.

Is Property Damage Covered Under Insurance?

If another person intentionally damages your property, it can be covered under your property insurance coverage. Whether the damage is large or small shouldn’t have any bearing on coverage.

For instance, if someone throws a brick through your window, that will fall under the vandalism or malicious mischief category of your insurance policy.

In addition to getting your property repaired, filing a criminal report is also necessary. If someone broke into your home, spray-painted offensive slurs, or did other criminal damage to your home, you should file a police report.

How to File a Property Damage Claim

Property damage claims are essential to helping you move forward when you’ve been a victim of vandalism. Below are the immediate steps that you need to take:

1. Report the Crime

As previously stated, if your home has been burglarized or vandalized, you must file a police report. By doing so, you can get justice for the crime that was committed against you and potentially stop it from happening to others.

In regards to your property damage claim, it could also provide proof that the damage created was no fault of your own.

2. Call Your Insurance

The next step is to call your insurance provider. This is the time to provide as much information as possible and get educated on the procedure. You also want to ask questions as far as your deductible price and how long the process will take.

3. Take Pictures

Taking pictures of the damage helps the back up your claim. Whether the police need it or the insurance provider needs it, photos come in handy. Having pictures of the damage could also help the insurance company determine how much coverage they give you to repair it.

4. Get an Inspection

In addition to taking pictures, a professional inspector needs to take a look at the damage. An adjuster can help to give an educated estimation of how much it’ll cost to repair everything. Their insight is imperative to making sure that you get things back to normal.

5. Make a List

If any of your belongings were stolen or completely ruined, it requires replacement. Take inventory of everything that needs a new purchase. If you buy items while you wait for your insurance claim to payout, keep the receipts for reimbursement.

6. Keep Records of Expenses Incurred

If the damage to your home or other property is severe enough for you to require relocation, keep a record of it. Many times the insurance will cover living expenses and other costs incurred from moving.

Make sure you keep everything on hand so that you can recoup your money.

7. Get Legal Representation

In addition to filing a claim with the property insurance provider, you may also need legal representation. When someone has violated your property, justice is required. An experienced attorney can help you fight back.

Regain Your Property

Hopefully, the information above helps you repair your damaged property. When you’re the victim of property crime, it feels good to know there are resources to help you get past it.

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