Willful and Malicious Destruction of Property

Willful and malicious destruction of property is a criminal offense under Massachusetts General Laws Chapter 266 Section 127. There are three elements of willful and malicious destruction of property, as follows, which the government is required to prove beyond a reasonable doubt:

  1. The defendant destroyed or injured the property of another person, including another person’s personal property, building or home.

  2. The defendant acted willfully. Willful means intentional, and therefore, if there was an accidental act then this element cannot be satisfied.

  3. The defendant acted with malice. A malicious act is one that is motivated by hostility or revenge. To satisfy this element, however, the prosecutor does not have to prove that the defendant knew the owner.

If one is charged with malicious destruction of property over $250, then the government will have to prove, as a fourth element, that the damage was more than $250. This means the reasonable cost of repair or replacement.

Wanton destruction of property is not a lesser included offense of willful and malicious destruction of property. If the damage is done to a vehicle, one may also be punished under Massachusetts General Laws Chapter 266 Section 28.

Experienced Criminal Defense Attorney

With more than 30 years of experience, Robert J. Wheeler, Jr. is one of the most knowledgeable criminal defense lawyers in Massachusetts. Throughout the years, Robert Wheeler has achieved success in numerous malicious destruction of property cases. He is a tough and aggressive attorney who works non-stop for every client, and it shows in both his results and in his professional standing. When charged with any crime, you absolutely should speak with an experienced lawyer like Robert Wheeler.

Law Office of Robert J. Wheeler, Jr. (617) 973 5858

The Law Office of Robert J. Wheeler, Jr. is a Boston practice serving individuals from all across Massachusetts. Robert Wheeler can help you, no matter what criminal charge you are facing. In addition to willful and malicious destruction of property, Attorney Wheeler handles all other criminal matters.

If you would like to speak with Robert J. Wheeler, Jr., do not wait to call (617) 973 5858 (24 hours a day and 7 days a week) or send him an e-mail. With Attorney Wheeler on your side, you are guaranteed to get the best results possible given the facts and circumstances of your case. He offers free and confidential initial phone consultations.