Malicious Destruction of Property

What is Malicious Destruction of Property in Massachusetts?

Massachusetts General Laws chapter 266, §127 prohibits malicious destruction of property. To convict a defendant of this criminal offense, the government has to prove beyond a reasonable doubt that:

  1. The defendant destroyed or injured another person’s property.
  2. The defendant did so willfully. “Willful” means intentionally. An accidental act is not a willful act. In order to be willful, a person must intend both the act and the consequences.
  3. The defendant did so maliciously. “Malicious” means “out of cruelty, hostility or revenge.” In order for an act to be “malicious,” there must be some hostility towards the property owner, though it is not required that the owner’s identity be known to the defendant.
Is This a Misdemeanor or a Felony?

If one is charged with malicious destruction to property over $250, then the government must also prove that the property itself is worth more than $250. In other words, it is not the actual damage caused but the value of the property damaged. Malicious destruction to property over $250 is a felony in Massachusetts.

In addition to malicious destruction of property, General Laws chapter 266, §127 prohibits wanton destruction of property over $250. Destruction of property is “wanton” if done recklessly and with a conscious disregard of substantial harm to people or property. Foresight of or intent to cause the damage is not required, but mere negligence does not amount to “wanton” conduct. To be a “wanton” act, an act must be intentional and not accidental.

Penalties

Malicious destruction of property over $250 is punishable by:

  • Up to ten years in the state prison
  • A fine of the greater of $3,000 or three times the value of the damaged property
  • Up to 2 ½ years in jail

Malicious Destruction of Property Under $250 is Punishable by:

  • A fine of three time the value of the damage to the property
  • Up to 2 ½ months imprisonment

Massachusetts Property Crimes Defense Attorney (617) 263 6800

Stephen Neyman is a leading Massachusetts lawyer who has successfully defended countless individuals accused of malicious destruction of property. Attorney Neyman is known for his aggressive approach to defense in all cases. Malicious destruction of property charges can be serious and may affect your future. In order to minimize the impact of such criminal charges, it is wise to contact an experienced criminal lawyer right away.

Stephen Neyman has been defending the criminally accused for more than 20 years. He has the expertise to achieve the best possible result in your malicious destruction of property case. Attorney Neyman is often successful in getting these types of charges dismissed

Law Offices of Stephen Neyman, P.C. (617) 263-6800

To speak with Attorney Stephen Neyman about malicious destruction of property or any other criminal matter, call the Law Offices of Stephen Neyman, P.C. at (617) 263-6800 or contact Attorney Neyman by e-mail. His primary office is located in downtown Boston, and he also has a North Andover office for the convenience of his clients. Attorney Neyman regularly appears in courts all over the state, so do not hesitate to speak with him about a criminal matter in any Massachusetts or federal court.

Case Results » Malicious Destruction of Property
  • Brighton District Court: Felony Malicious Destruction to Property Charges Against College Students do Not Issue After Clerk Magistrate Hearing

    The defendants are freshmen at a local college in Boston. On September 9, 2017 they were observed standing on the cap of the bed of a pickup truck having their picture taken by another individual. The campus police witnessed the incident and contacted the owner of the vehicle who subsequently reported damage to the cap in excess of $250. The students were charged with malicious destruction to property over $250 in violation of G.L. c. 266 Section 127, a felony in Massachusetts. A clerk magistrate hearing was ordered. Our office represented the defendants at the hearing and convinced the clerk magistrate not to issue the complaint in exchange for making immediate restitution. No complaint issued.

    Read More in Malicious Destruction to Property

  • Lawrence District Court: Charges of Criminal Harassment Dismissed

    In August of 2015 members of the North Andover, Massachusetts Police Department met with residents of an upscale neighborhood who complained about getting flat tires from roofing nails on their property. Investigators checked the area and found driveways and lawns saturated with these nails. A security videotape was located and on it the police saw a man taking objects from a bag and throwing them on the various lawns and driveways where the nails were found. Some of the victims positively identified the defendant as the person in video. He was charged with criminal harassment, G.L. c. 265 Section 43A and felony malicious destruction to property G.L. c. 266 Section 127. Today, Attorney Neyman was able to get the criminal harassment charges dismissed and the remaining charges were given pretrial probatin or continued without a finding.

    Read More in Pretrial Probation

  • Ayer District Court: General Continuance For Man Charged With Malicious Destruction to Property – – Case to be Dismissed

    Shortly before Christmas 2015 the defendant was driving his car in a parking lot in a suburban Boston strip mall. He was stopped waiting for a car to back up so that he could take over that parking space. A car behind him beeped several times. The defendant took exception to this, got out of his car, and with his elbow broke the rear windshield of the victims automobile. The police were called to the scene. The defendant was charged with malicious destruction to property over $250, a felony in Massachusetts. Today, attorney Neyman was able to get a general continuance for the defendant. All charges will be dismissed out right in December. 

    Read More in Pretrial Probation

Client Reviews
We went to trial and won. He saved me fifteen years mandatory in state prison for this case
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I hired him and he got the case dismissed before I had to go into a courtroom. My school never found out and if they had I would have lost my academic scholarships. He really saved my college career.
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Melissa C. Cold Spring, New York, October 2013
My union rep told me to call Steve Neyman. From the get go I felt comfortable with him. He took the time to talk to me about my case whenever I needed .... He even gave me his personal cell number and took all my calls. We won the case and I kept my job.
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The best criminal defense lawyer in Massachusetts. Takes all of his client's calls at any time of the day or night. He was always there for me and my family. Steve saved my life.
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Jacquille D. Brockton, Massachusetts
In less than two months Stephen Neyman got my old conviction vacated. I now have no criminal record
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