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Roger
Roger, Lawyer
Category: Criminal Law
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In Tennessee my mother died in a house fire due to smoke insulation.

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In Tennessee my mother died in a house fire due to smoke insulation. The police charged her ex-boyfriend with aggravated arson and criminal homicide. At the preliminary hearing the judge reduced his charges to reckless burning and criminally negligent homicide. My question is since he has the reckless burning charge that burnt down my mothers home, can he be charged with vandalism.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Roger replied 6 years ago.

Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney practicing in Tennessee.

 

Vandalism is defined as knowingly and/or deliberately causing damage to the property of another. Therefore, you should be able to file this as an additional charge against him.

 

The penalty for vandalism depends on the value of the property damaged. Here is a breakdown of the possible charges under TCA39-14-105:

 

If the value is:Then the charge and sentence is:
$500 or lessClass A misdemeanor (Up to one year in jail and $2,500 in fines)
$500-$1,000Class E felony (1-6 years in prison and up to $3,000 in fines)
$1,000-$10,000Class D felony (2-12 years in prison and up to $5,000 in fines)
$10,000-$60,000Class C felony (3-15 years in prison and up to $10,000 in fines)
More than $60,000Class B felony (8-30 years in prison and up to $25,000 in fines)

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