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Massachusetts Willful or Malicious Destruction of Property Lawyer

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Massachusetts Willful or Malicious Destruction of Property Attorney

A willful or malicious destruction of property case can be a very serious matter. It can be charged as a misdemeanor or as a felony depending on the circumstances – mainly the value of the property that was destroyed.

If you are charged with willful or malicious destruction of property in Massachusetts, it is important to hire an experienced Massachusetts criminal defense lawyer to help you with your case.

Massachusetts General Laws c. 266, § 127 punishes, “Whoever destroys or injures the personal property, dwelling house or building of another in any manner or by any means.”

What Does Willful and Malicious Mean in Massachusetts?

An act is willful if it is done intentionally and by design. This is different than an act which is done thoughtlessly or accidentally. You are acting willfully if you intend the conduct and its harmful consequences.

An act is done with malice if it is done out of cruelty, hostility or revenge. You
must act not only deliberately, but out of cruelty, hostility or revenge toward another.

What Makes Willful or Malicious Destruction of Property a Misdemeanor or a Felony in Massachusetts?

If the value of the property destroyed is over $1,200, then it can be charged as a felony.

If the value of the property destroyed is under $1,200, then it will likely be charged as a misdemeanor.

Relevant Case Law:

The value of the property destroyed or injured is a question for the jury and must be established beyond a reasonable doubt before it may be relied on to increase the range of punishment.
Commonwealth v. Beale, 434 Mass. 1024, 1025 (2001);
Commonwealth v. Lauzier, 53 Mass. App. Ct. 626, 633 n.10 (2002). Where the damage is repairable, the value of the property is to be measured by the pecuniary loss (usually the reasonable repair or replacement cost), and not by the fair market value of the whole property or of the damaged portion.
Commonwealth v.
Deberry, 441 Mass. 211, 221-22 (2004), rev’g 57 Mass. App. Ct. 93 (2003).

You can read more about the felony threshold and changes the legislature made here on our blog post.

What are the Penalties for Willful or Malicious Destruction of Property in Massachusetts?

Willful or Malicious Destruction of Property Over $1,200 Penalties

up to 10 years in state prison

up to 2.5 years jail in the House of Correction

or

a fine of $3,000 or 3 times the value of the damage caused to the property so destroyed or injured, whichever is greater

Willful or Malicious Destruction of Property Under $1,200 Penalties

up to 2.5 years jail in the House of Correction

a fine of 3 times the value of the damage to property

Depending on the circumstances, a conviction for willful or malicious destruction of property can potentially lead to incarceration, a criminal record, probation and/or hefty fines and fees.

The stakes are high, and you need a high-quality Massachusetts willful or malicious destruction of property lawyer to help fight the charges. We will help create a unique defense and strategy given your circumstances to help fight your charges. Do not hesitate, contact Ellison Law LLC today at 401-230-5520.

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We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

- Personable, Flexible, Easy to Work With, Competent, Knowledgeable, Responsive and Trustworthy

"David Ellison and Allyson Quay are very knowledgeable and professional. They are a great to work with. Allyson helped me with my case and was able to obtain a great result! I am very happy…

- Very Knowledgeable and Professional

"Dave is an excellent lawyer! He has great determination and has helped me through multiple difficult times. He shows courage and analytical skill that proves he doesn't give up until he wins the case. I…

- Excellent Lawyer

The most amazing lawyer I have ever had. He does an amazing job with amazing results. Extremely happy with the results. Extremely highly recommended by me. He is a man of his word and is…

- Extremely Knowledgeable

David went above and beyond helping to resolve the matter quickly. He got the best possible outcome and was kind and easily accessible throughout the whole process. I can not recommend him more highly!

- David was Kind and Easily Accessible

"David Ellison worked diligently to get me a great result for my case. I would recommend his services to friends or family if they should need legal representation. Despite the circumstances, he was a pleasure…

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David has represented me on a few things, and every time he has made me feel comfortable, safe, he reassured me that It was going to be okay. He is a great lawyer, I'm so…

- A Great Lawyer, Recommend to Anyone

"I had a great experience hiring the law office of David Ellison .The attorney Allyson Quay that represented me was excellent ,and was able to get the results I wanted .I highly recommend hiring the…

- Great Experience Highly Recommend

"David did an excellent job with my interaction with the law. He noticed something that showed he had a great understanding of the law. He helped to prepare me for the situation and everything went…

- Highly Recommend David

"just want to say i couldn't find any lawyers to actually take my case seriously, alyson was the only one that not only reached back out to me but also got me my license back…

- 10 out of 10 Recommend

David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

- Highly Recommended

"We recently hired Attorney David Ellison to assist us with our son's motor vehicle case. After contacting him, he was extremely responsive and met with us very quickly. We were very impressed with Mr. Ellison…

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"I had a case where I was certain I was going to, at least, lose my license. Prepared for the worst, but with David's help, I got the best outcome possible and was able to…

- Highly Recommend David

"Successful trial! David secured the best possible outcome in my case. Highly recommend his notable service." - Jorge Via Google

- Highly Recommend

"This particular case had no allowance to go bad. David expedited to trial where all charges were dropped in 15 minutes and the cases dismissed for both parties. Very professional, and to the point, like…

- Very Professional

"David is a great lawyer but more importantly a solid and genuine human being. He was effective, engaged, and honest throughout my entire case. He gave me sound, nuanced advice and kept me in the…

- Effective, Engaged, and Honest

"Great guy great lawyer will work with you financially and will get the result your looking for." Via Google

- Great Lawyer

"You get what you pay for and so much more. I was nervous, overwhelmed, and in uncharted territory. David called me personally within hours of inquiring online, and I immediately felt a sense of relief…

- Proper Representation that Delivers Results

"I was referred to Dave Ellison by a colleague and he is just the most kind, genuine, and knowledgeable lawyer I've had the pleasure of working with. He treats you like a good family member…

- David is Kind, Genuine, and Knowledgeable

"I hired Attorney David Ellison to represent me on a traffic violation. My license was at risk of suspension and he immediately recognized the impact this would have on me personally and professionally. I was…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

- Not a number, but a person

"Attorney David Elliison is top notch! He guided me through the process, told me what to expect and he did come through for me with great results! I would highly recommend." Via Google

- David is Top Notch

"David worked so hard on my case and really kept pushing for what I deserved! I can't thank him enough for always keeping me up to date and the great communication throughout this process. David…

- Great Communication and Hard Work

"Thank you attorney Allison and attorney David Ellison for their diligent work on my case. I had received a traffic violation in the State of RI and she kept me informed throughout the entire process.…

- Can’t Recommend Them Enough

"Attorney David Ellison was so helpful throughout the ENTIRE process of my traffic ticket case. He was so consoling and made everything understandable for me. Any questions or help that I needed even AFTER everything…

- David was Helpful Throughout the Entire Process

"I had the pleasure of being represented by Allyson Quay last month. What would normally have been a stressful experience was made much easier thanks to her assistance. She is confident, reassuring and very knowledgeable.…

- You’re in Good Hands!

"It was great working with David. He was able to get my ticket dismissed on the first try and he also saved me the trip of driving down! Highly recommended." - Cristian via Google

- It was Great Working with David

"I had a great experience in working with Allyson and she did her best to get things right, I would recommend her to get tickets handled in Rhode Island." Via Google

- Great Experience

"David Ellison handled my case with great professionalism and keen attention to detail. He took the time to explain the legal terms, options and possible outcomes I was facing. He made himself available at my…

- Great professionalism and Keen Attention to Detail

"David was so wonderful to work with. He did an amazing job helping us. Throughout the whole process, he was kind and patient and I felt like he really cared. I trusted him and I…

- David was Kind and Patient

After being wrongly accused of a crime (OUI Marijuana), Mr. Ellison was appointed to be my lawyer by a judge. He fought daily to prove my innocence in court, was always available to talk to…

- Great Guy, Great Lawyer

"I was recently represented by David Ellison law and attained a not guilty verdict. This was vital, as school (law) was just about to start for me as well as work, and if found guilty…

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"Attorney Ellison was exceptionally professional in handling my case, an expungement. I received a prompt response from his office, and he was courteous to me and delivered results that were satisfactory to the expectations I…

- David Was Professional and Prompt

"Very knowledgeable of his profession and receiving results. Dave helped me out on numerous occasions, good or bad he's knows and will protect your rights" Via Google

- David Knows and Will Protect Your Rights

"If you're reading these reviews, I'm sure you're nervous for what's to come (whatever that may be), and you may be thinking "can they even help me?", "can I even afford the help?". With David…

- Rest Assured You Are In Good Hands With Ellison Law

Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

- David took my case head on

"I had the pleasure of being represented by David Ellison. He patiently and carefully listened to all the information related to my case. He explained everything to me in a way I could easily understand…

- Patient, Knowledgeable, and Compassionate Attorney

David Ellison helped me get all legal documents together for my LLC. He was extremely time efficient and always friendly. I am very new to the small business world but he made everything super easy…

- Time Efficient & Friendly

"Best lawyer for traffic citations. He will do the most in his power and efforts to see you are much better off than going into battle alone. He is honest and didn't sell me a…

- The Best Lawyer for Traffic Citations: Highly Recommend

"David Ellison is one of the best attorneys I've met! Always prepared, professional and more than polite. If you need a save CALL DAVE! Ten out of ten!" Via Google

- David is Professional, Prepared and Polite

I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

- Exceptional Legal Support Leading to Client’s Overwhelming Gratitude and Appreciation

"David Ellison was great! He had a few appointments today and made sure to fit me in his schedule before hand. He made sure to go over everything with me so he knew what he…

- David was Great

"Good people, professional service the best." Via Google

- The Best

"David is an amazing person. When I was 18 I was getting into my first real legal trouble, going to jail and what not. David was my court appointed attorney and I figured “I'm screwed…

- David Cares

"Allyson Quay is my attorney for life. I had a really tough situation that required alot of sorting out. Allyson fought like crazy, and I walked with a dismissal. I could not be happier. I…

- My Attorney for Life

"Highly highly recommend Attorney Ellison! He was overly prepared for my case, answered all of my questions and DELIVERED! He was fast, efficient and overall a pleasure to work with. Cares about his clients, rather…

- Cares About His Clients

"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

- Exemplary Legal Representation: A Grateful Client’s Journey with Ellison Law’s Dedication, Expertise, and Compassion

Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

- Takes His Job and Role in Society Very Seriously

"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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