Malicious Destruction of Property

The crime of Malicious Destruction of Property is the wilful injury to or destruction of the personal property of another person.

Massachusetts General Laws Chapter 266, Section 127, provides punishment for the crime of Malicious Destruction of Property by imprisonment in the House of Corrections for up to 2.5 years, or state prison for up to 10 years.

In order to prove the crime of Malicious Destruction of Property, the prosecutor is required to prove, beyond a reasonable doubt:
  1. That the defendant injured or destroyed the person property, dwelling house, or building of another;
  2. That the defendant did so willfully; and
  3. That the defendant did so with malice.
For purposes of the crime of Malicious Destruction of Property, an act is willful if it is done intentionally and by design, as opposed to negligently or accidentally. 

An act is done with malice if it is done out of cruelty, hostility or revenge, and with hostility toward the owner of the property.  Notably, the crime of Malicious Destruction of Property does not require that the defendant know the identity of the owner, but only that he acted with hostility towards the owner, whoever that may be.

Boston Criminal Lawyer Lefteris K. Travayiakis has extensive experience in defending persons charged with the crime of Malicious Destruction of Property.

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