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My son was recently arrested for 2nd degree Criminal

My son was recently...

My son was recently arrested for 2nd degree Criminal Mischief. He was at a friend of his mechanic shop and damaged a door on a piece of equipment that didn’t belong to his friend who runs the shop. My son was at the shop with his friend (who runs the shop) for several hours that day and his friend was driving the machine first and was smashing an old vehicle that they were going to haul away to the scrap yard. When the friend got out of the machine my son did get in the machine without permission to do some more smashing on the vehicle and did cause damage to the door of the machine. Two days later the Sheriff’s department arrested my son for 2nd degree Criminal Mischief because he didn’t have permission to drive the machine and caused damage. My issue is, doesn’t there have to be intent to damage? I totally agree that my son was careless and should pay for the damage but he didn’t do this out of anger or meanness he was just being plain stupid.

Lawyer's Assistant: Does he have any upcoming court dates on the criminal mischief charges?

Yes, April 5

Lawyer's Assistant: In what state did the criminal mischief occur?

Iowa

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3/15/2018
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Customer reply replied 4 months ago
Hi

Good evening. Yes, he may have a defense. Iowa Code Section 716 defines the crime of criminal mischief as any damage, defacing, alteration or destruction of property is criminal mischief when done intentionally by one who has no right to so act. In this section, it would first need to be known if he as a right or permission to be in there and if not, if he meant to cause the damage. If it was an accident, he could have a defense, and this would need to be argued at trial

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Customer reply replied 4 months ago
He did not have permission to be in the machine but it was an accident

What about on the property?

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Customer reply replied 4 months ago
he was there most of the day with the friend that runs the shop they were smashing a car that they were going to junk out

Thank you. If he had permission to be there and was with an employee, I think he could have a defense, since he was allowed to be there. It really is an issue of any intent and that was lacking and this was an accident, so if his friend were to testify on his behalf, he could have a defense.

CrimDefense
CrimDefense, CriminalDefenseAtty
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LegalDan
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Category: Criminal Law
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Customer reply replied 4 months ago
Thank you

You are welcome.

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