Charged with Criminal Damage to Property? A Minnesota Lawyer Explains What You’re Facing Under Statute § 609.595
One moment, things were fine. The next, they spiraled out of control. Maybe it was a heated argument with a loved one that ended with a broken door. Perhaps it was a night out with friends in downtown Minneapolis that got out of hand, resulting in a smashed window. It could have been a car accident, a political protest, or a simple lapse in judgment. You didn’t plan to end up here, but now you’re staring at a criminal complaint, and the words on the page—Criminal Damage to Property—feel heavy and accusatory. The police report might paint a picture of a malicious vandal, but you know the truth is far more complicated.
You might feel like the charge is unfair, blown completely out of proportion. How can breaking something worth a few hundred dollars lead to a potential felony conviction? How can a moment of anger now threaten your job, your housing, and your future? This charge is deceptively serious. The prosecution isn’t just looking at what was broken; they’re looking at the value of the damage, the circumstances surrounding the incident, and even your alleged motivations. They will use every detail to build the most severe case possible against you, and you are now squarely in their sights.
You do not have to go through this alone. I am a Minnesota criminal defense attorney who has defended people from all walks of life against property crime charges. I have fought for clients in the courtrooms of Hennepin County, Ramsey County, and across the state, from Rochester and Duluth to the suburbs of St. Paul like Eagan and Woodbury. I understand the nuances of Minnesota Statute § 609.595 and know how to challenge the prosecution’s case. This is a daunting and stressful experience, but there is a path forward. Your defense starts now.
What Criminal Damage to Property Actually Means in Minnesota
In Minnesota, “Criminal Damage to Property” (often called CDP or vandalism) is more than just breaking something. The law casts a wide net, covering any act where you intentionally cause damage to someone else’s physical property without their permission. What makes this charge so complex is that it’s not a single crime, but a tiered offense with four different degrees of severity. The level you are charged with depends entirely on the specific facts of your case, including the monetary value of the damage, whether your actions created a risk of harm to a person, and even your alleged motive for causing the damage.
Facing a Minnesota Criminal Damage to Property accusation means the prosecutor will meticulously calculate the cost of repair or replacement to determine if they can charge you with a misdemeanor, a gross misdemeanor, or a serious felony. A simple argument that results in a broken phone could be a misdemeanor, while keying a car in a parking lot in Bloomington could easily become a felony if the cost to repaint exceeds $1,000. Understanding what is Criminal Damage to Property in Minnesota is the first step in realizing how quickly a seemingly minor incident can escalate into a major legal battle with life-altering consequences.
Minnesota Law on Criminal Damage to Property — Straight from the Statute
The entire case against you is based on a single law: Minnesota Statute § 609.595. This statute defines the four different degrees of the offense and lays out the specific circumstances and damage thresholds for each. To build an effective defense, you must first understand the exact legal language the prosecutor will use to try and convict you.
The controlling statute is Minnesota Statute § 609.595, Damage to Property. Below are the key provisions that define each level of the offense:
Subdivision 1. Criminal damage to property in the first degree. Whoever intentionally causes damage to physical property of another without the latter’s consent may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if… the damage reduces the value of the property by more than $1,000…
Subd. 1a. Criminal damage to property in the second degree. Whoever intentionally causes damage described in subdivision 2, paragraph (a)… is guilty of a felony and may be sentenced to imprisonment for not more than one year and a day or to payment of a fine of not more than $3,000, or both, if the damage… was committed in whole or in substantial part because of… race, color, ethnicity, religion, sex, gender, sexual orientation…
Subd. 2. Criminal damage to property in the third degree. …whoever intentionally causes damage to another person’s physical property without the other person’s consent may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both, if… the damage reduces the value of the property by more than $500 but not more than $1,000…
Subd. 3. Criminal damage to property in the fourth degree. Whoever intentionally causes damage described in subdivision 2 under any other circumstances is guilty of a misdemeanor.
Breaking Down the Legal Elements of Criminal Damage to Property in Minnesota
For the prosecution to convict you of any level of Criminal Damage to Property, they must prove three core elements beyond a reasonable doubt. The charge level may change based on value or motive, but the fundamental building blocks of the crime remain the same. If the state fails to prove even one of these elements, their case collapses. Your defense will strategically attack these elements.
- IntentThis is the critical element of your mindset. The prosecutor must prove that you acted intentionally—that it was your conscious objective to cause the damage. It is not enough to show you were reckless or negligent. If you accidentally knocked over a valuable vase while moving furniture or if your car slid on ice and hit a mailbox in a Plymouth neighborhood, you did not act with criminal intent. The state has to prove what you were thinking, and this is often the most difficult element for them to establish without a confession. Your entire defense can be built around showing your actions were accidental, not malicious.
- Damage to Physical Property of AnotherThe state must prove that actual physical damage occurred to property that you do not own. This seems straightforward, but it can be contested. The “damage” must be a tangible impairment; simply touching something is not enough. Furthermore, the property must belong to someone else. You generally cannot be charged with criminally damaging your own property, although complex ownership situations (like jointly-owned marital property during a divorce) can complicate this issue. The prosecution will use photos, repair bills, and witness testimony to establish this element.
- Without ConsentFinally, the prosecution must prove that you did not have the owner’s consent or permission to cause the damage. If the owner of the property gave you permission to act—for example, if a friend asked you to help them demolish an old shed in their backyard in Maple Grove—then no crime has been committed. Consent can be explicit or implied by the circumstances. While this element is often easy for the prosecution to prove, it can be a viable defense in situations involving misunderstandings or ambiguous ownership.
Penalties for a Criminal Damage to Property Conviction in Minnesota Can Be Severe
Do not let the seemingly simple name of this offense fool you. Depending on the circumstances, a Criminal Damage to Property charge can range from a minor misdemeanor to a serious felony that carries years in prison. The specific penalties you face are determined by the degree of the charge, which is based on the value of the damage, your alleged motive, and other aggravating factors. The Minnesota sentencing guidelines for this crime are strict.
First-Degree Criminal Damage to Property (Felony)
This is the most serious level. You can be charged with this felony if the damage exceeds $1,000, if you create a foreseeable risk of bodily harm, or if you damage the property of a common carrier or a public safety vehicle.
- Maximum Penalty: Up to 5 years in prison and/or a $10,000 fine.
Second-Degree Criminal Damage to Property (Felony)
This is a special category of felony that applies if the damage was motivated by bias against a person’s race, color, religion, sexual orientation, or other protected status.
- Maximum Penalty: Up to 1 year and a day in prison and/or a $3,000 fine.
Third-Degree Criminal Damage to Property (Gross Misdemeanor)
You can be charged with this serious misdemeanor if the damage is valued between $500.01 and $1,000, or if it involves a bias motive with damage under $500.
- Maximum Penalty: Up to 364 days in jail and/or a $3,000 fine.
Fourth-Degree Criminal Damage to Property (Misdemeanor)
This is the most common level, charged when the property damage is valued at $500 or less.
- Maximum Penalty: Up to 90 days in jail and/or a $1,000 fine.
What Criminal Damage to Property Looks Like in Real Life — Common Scenarios in Minnesota
This charge can arise from countless situations, many of which are born from moments of poor judgment, anger, or misunderstanding. The same act can lead to vastly different charges depending on the specific circumstances. Here are some common scenarios in Minnesota.
The Domestic Dispute
After a heated argument with your partner in your St. Paul apartment, you punch a hole in a wall or break a television. Even if you own the property jointly, your partner can be considered the “victim,” and you can be charged. If the cost to repair the wall and replace the TV is over $1,000, you are suddenly facing a felony First-Degree CDP charge, in addition to any potential domestic assault charges.
The Bar Fight in Duluth
You get into a shoving match at a bar in Canal Park in Duluth. In the chaos, a table is overturned, breaking several expensive glasses and a neon sign. The bar owner adds up the damage, and it totals $800. The police charge you with Third-Degree CDP, a gross misdemeanor. If another patron was hit by the flying glass, the prosecutor might even try to argue you created a “foreseeable risk of bodily harm,” elevating the charge to a felony.
The Protest in Minneapolis
You are part of a large protest in downtown Minneapolis that turns tense. In a moment of frustration, you use a marker to write on the side of a government building. While the physical “damage” is minor, if the prosecutor alleges your message was motivated by bias against a protected group, they could charge you with Second-Degree CDP—a felony—even if the cost to clean the wall is minimal.
The Prank Gone Wrong in Rochester
As a prank, you and your friends decide to “TP” a rival high school’s building in Rochester and spray paint the school mascot on a door. The school district calculates the cost of cleanup and repainting to be $1,200. Because the amount exceeds the felony threshold, you and your friends, who thought you were just pulling a harmless prank, are now facing felony First-Degree CDP charges that could follow you for the rest of your lives.
Legal Defenses That Might Work Against Your Criminal Damage to Property Charge
When you’re facing a CDP charge, it can feel like the evidence is stacked against you. There’s a broken item and someone pointing the finger at you. But an accusation is not proof. A skilled criminal defense attorney knows how to challenge the prosecution’s case at every step. We will scrutinize the evidence, question the valuation of the damage, and expose the weaknesses in the state’s legal theory.
There are numerous effective defenses to Criminal Damage to Property in Minnesota. The right strategy depends on the unique facts of your case. My job is to find that strategy and use it to protect you. We won’t let a moment of anger or a simple mistake define your future. We will fight to have your charges reduced or dismissed entirely.
Defense 1: Lack of Intent
This is the most fundamental defense. The state MUST prove you intended to cause the damage. If you can show the damage was accidental, you are not guilty of this crime.
- It Was an Accident: We will present evidence showing that you did not act with criminal intent. For example, if you were moving and accidentally scraped a wall in your apartment building’s hallway, that is negligence, not a crime. We can use your testimony and the testimony of others to show the damage was an unfortunate accident.
- No Intent to Damage: In some situations, you may have intended to act, but not to cause damage. For example, if you leaned against a rickety fence that then broke, you did not have the specific intent to damage the fence. We will argue that your actions do not meet the high standard of “intent” required by the law.
Defense 2: Challenging the Valuation of the Damage
The entire severity of your charge often hinges on a dollar amount. The difference between a misdemeanor and a life-altering felony can be just a few dollars. We will aggressively challenge the prosecution’s valuation.
- Inflated Repair Costs: The alleged victim may get an inflated estimate from a friend or a high-end repair shop to try and push the charge into felony territory. We can hire our own independent appraiser or get competing quotes to show the actual value of the damage is much lower, forcing the prosecutor to reduce the charge from a felony to a gross misdemeanor or a simple misdemeanor.
- Depreciation and Replacement Value: Is the prosecutor using the cost of a brand-new item to value something that was old and already had little value? We will argue that the true measure of the “damage” is the item’s fair market value at the time it was broken, not the cost of a top-of-the-line replacement.
Defense 3: Misidentification / You Didn’t Do It
The state has to prove you were the person who caused the damage. In cases with chaotic circumstances, like a bar fight or a large party, or where the only evidence is a blurry security video, misidentification is a very real possibility.
- Alibi: We will establish that you were somewhere else when the damage occurred. This can be done with witness testimony, cell phone location data, or receipts that place you at a different location. A solid alibi is an absolute defense.
- Challenging Eyewitness Testimony: Eyewitness accounts are notoriously unreliable. We will cross-examine the state’s witnesses to expose inconsistencies in their stories, potential biases against you, or poor visibility that could have led them to mistakenly identify you as the culprit.
Defense 4: You Had Consent or Authority
You cannot be guilty of this crime if you had the owner’s permission to do what you did, or if you had a legal right to damage the property.
- Owner’s Permission: If you were helping a friend tear down a wall for a renovation project or if you were authorized to scrap old equipment as part of your job, you had consent. We will use testimony, emails, or text messages to prove you had permission.
- Claim of Right: This defense applies if you had a good-faith belief that the property was yours. For example, if you broke a lock on a storage unit because you believed you were the rightful owner and were unaware of a legal dispute, you did not have the criminal intent required for a conviction.
Minnesota Criminal Damage to Property FAQs — What You Need to Know Now
Will I go to jail for Criminal Damage to Property in Minnesota?
It’s possible, especially for felony or gross misdemeanor level offenses. A First-Degree CDP conviction can lead to a prison sentence of up to five years. However, for misdemeanor charges or for first-time offenders, a skilled attorney can often negotiate outcomes like probation, fines, or community service that avoid jail time.
Can a CDP charge be dismissed?
Yes, absolutely. A dismissal is the best possible outcome. This can happen if we successfully argue that the search was illegal, that you were misidentified, that you lacked intent, or if we negotiate a deal with the prosecutor, often in exchange for you paying for the damages (restitution).
Do I need a lawyer for a misdemeanor CDP charge in a city like Eagan or Bloomington?
Yes. Never underestimate a misdemeanor. A conviction still creates a permanent criminal record that can impact your ability to get a job, rent an apartment, or obtain a professional license. An experienced lawyer can often get the charge dismissed or reduced to a petty misdemeanor, protecting your record in a way you likely cannot on your own.
How long will a Criminal Damage to Property charge stay on my record in Minnesota?
A conviction is permanent unless you get it expunged. The waiting period for expungement in Minnesota is two years after completing your sentence for a misdemeanor, four years for a gross misdemeanor, and five years for many felonies. It’s a long and uncertain process. The best strategy is to fight the charge now.
What if the damage was to my own property during a fight with my spouse?
This is a complex area. Property acquired during a marriage is often considered “marital property.” Even if you paid for the item, your spouse has an ownership interest. Therefore, you can be charged with damaging marital property. This is a very common scenario in domestic-related cases.
What is “aggregation” of value?
The statute allows the prosecutor to add up the value of all property you are alleged to have damaged within any six-month period. So, a series of minor, misdemeanor-level incidents can be “aggregated” together to meet the dollar threshold for a felony charge.
What if I paid the owner back for the damages? Does the charge go away?
Not automatically. Paying restitution is a positive step and can be a powerful tool for your attorney to use in negotiations with the prosecutor. It shows you are taking responsibility and may convince the prosecutor to dismiss the charge or offer a better plea deal, but it does not, by itself, erase the criminal charge.
Is keying someone’s car a felony in Minnesota?
It very easily can be. A professional paint job to fix a deep scratch across multiple panels of a car can easily cost more than the $1,000 felony threshold. Many people are shocked to learn that this single act can lead to a felony First-Degree CDP charge.
What if the property was already old or broken?
This is part of challenging the valuation. If you are accused of breaking a 10-year-old television, the damage is the value of that old TV, not the cost of a new 4K flat screen. We will argue that the actual financial loss was minimal.
What happens if I’m charged with a bias-motivated CDP?
This significantly raises the stakes. It turns what might have been a gross misdemeanor into a felony (Second Degree) or a simple misdemeanor into a gross misdemeanor (Third Degree). The prosecutor will use your alleged words, symbols, or associations to try and prove your actions were motivated by hate, and this requires a very robust and sensitive defense.
Can I be charged if I didn’t actually touch the property?
Yes. If you direct or encourage someone else to cause the damage, you can be charged as an accomplice under the law. You are just as criminally liable as the person who physically broke the item.
Does insurance coverage affect my criminal case?
No. Whether the victim’s insurance company paid for the repairs has no bearing on your criminal liability. The state can still prosecute you. However, the amount the insurance company paid can be used to establish the value of the damage.
What if it was a self-defense situation?
If you damaged property while reasonably defending yourself from an attack (for example, breaking a lamp to use as a weapon against an assailant), this could be a valid defense. We would argue your actions were justified under the circumstances.
Can a landlord charge me with CDP for damages to my apartment?
Yes. While most landlord-tenant disputes over damage are handled in civil or housing court, if a landlord believes you intentionally damaged the property beyond normal wear and tear (e.g., punching holes in walls), they can file a police report, which could lead to criminal charges.
Should I talk to the police to explain my side of the story?
No. You have the right to remain silent, and you should use it. Police and investigators are trained to get you to make admissions. Your innocent explanations can be twisted and used against you to prove intent. Politely state that you will not answer any questions without an attorney present.
What a Criminal Damage to Property Conviction Could Mean for the Rest of Your Life
A CDP conviction, especially a felony or gross misdemeanor, is a permanent stain on your record that can impact nearly every aspect of your life. The consequences go far beyond the sentence handed down by the judge.
A Permanent Criminal Record and Limited Job Prospects
This is the most immediate and damaging consequence. In an age where nearly every employer runs a background check, a conviction for a crime involving property destruction can be a major red flag. Employers may view you as untrustworthy, irresponsible, or having anger management issues. It can bar you from careers in finance, healthcare, education, or any field that requires a professional license or a security clearance.
Loss of Housing Opportunities
Landlords almost always run background checks on potential tenants. A CDP conviction, particularly one related to domestic issues or vandalism, can lead to immediate denial of your rental application. Landlords will fear you might damage their property, making it incredibly difficult to find safe, stable housing for yourself and your family.
Loss of Your Right to Own a Firearm
If you are convicted of a felony-level Criminal Damage to Property, you will lose your right to own or possess a firearm and ammunition for the rest of your life. This is an automatic and permanent consequence under both Minnesota and federal law. Even some gross misdemeanor convictions can result in a temporary loss of firearm rights.
Severe Immigration Consequences
For any non-U.S. citizen, a conviction for a crime like this can be devastating. Depending on the specifics, it could be classified as a “crime involving moral turpitude,” which can trigger deportation proceedings, even if you are in the country legally with a green card. It can also prevent you from applying for citizenship or re-entering the country if you leave.
Why You Need a Tough, Experienced Minnesota Criminal Damage to Property Attorney
When you are facing the state, with its endless resources and singular goal of convicting you, you cannot afford to stand alone. You need a dedicated, aggressive defense attorney who knows the law, knows the system, and is committed to fighting for you. The difference between a dismissal and a conviction that haunts you forever often comes down to the lawyer you choose.
The Advantage of a Focused, Private Attorney
Public defenders are hardworking, but they are drowning in cases. They often have little to no time to devote the personal attention a serious charge requires. As your private attorney, your case is my priority. I have the time and resources to do a deep dive: to investigate the scene, to track down and interview witnesses, to dissect the police report for errors, and to build a creative defense tailored specifically to you. You will work directly with me, and I will be the one fighting for you in court.
How Immediate Action Can Shape the Outcome
The single most critical time in a criminal case is the very beginning. The sooner you hire an attorney, the sooner I can get to work. I can often contact the prosecutor before they even file the formal complaint, presenting your side of the story and evidence that might convince them to file a lesser charge or no charge at all. Early intervention allows us to preserve evidence, lock in witness testimony, and build a defense from a position of strength, not from behind the eight ball.
Mastery of Minnesota’s Local Court Systems
Every courthouse in Minnesota is its own unique ecosystem. The way a case is handled in Hennepin County is different from how it’s handled in Ramsey County, which is different from St. Louis or Olmsted County. I have experience in these courtrooms. I know the local prosecutors, the judges, and the unwritten rules of engagement. This local knowledge is a powerful advantage, allowing me to craft a defense strategy that is not just legally sound, but practically designed to succeed in the specific jurisdiction where you have been charged.
A Commitment to Winning, Not Just Pleading
My philosophy is to prepare every case for trial from day one. This aggressive posture shows the prosecutor that we are ready for a fight and will not be pushed into a bad plea deal. It often leads to the best possible outcomes, whether that is a full dismissal of the charges, a favorable plea agreement to a lesser offense that protects your record, or a “not guilty” verdict from a jury. I am not in the business of simply processing cases; I am in the business of getting results for my clients.