Spring Cleaning or Accidental Vandalism? Understanding Unintentional Damage and How to Defend Against Criminal Charges

What is Vandalism Under Michigan Law?

In Michigan, what many people refer to as "vandalism" is legally defined as "Malicious Destruction of Property" (often abbreviated as MDP). This is when someone willfully and maliciously damages another person's property. The keyword here is intent—prosecutors must prove that you intended to cause damage.

According to MCL 750.377a, penalties for MDP vary depending on the value of the damage:

• Less than $200: Misdemeanor, up to 93 days in jail and/or a $500 fine.
• $200 - $1,000: Misdemeanor, up to 1 year in jail and/or a $2,000 fine.
• $1,000 - $20,000: Felony, up to 5 years in prison and/or a $10,000 fine.
• Over $20,000: Felony, up to 10 years in prison and/or a $15,000 fine.

And here’s the kicker—even if you didn’t mean to cause the damage, the police and prosecutors may still come after you, assuming you intended to cause harm based on your actions. This is when understanding that intent is a legal element becomes crucial.

When an Accident Looks Like a Crime

Spring is full of innocent activities that easily spiral into criminal accusations. Let’s say you're power-washing your siding and the water spray hits your neighbor's window, cracking it. Or maybe you haul old junk out to a public trash site without realizing it’s private property. These might seem like no big deal to you—but to someone else, they’re a damage claim. And to the police? That could be criminal property damage.

Real-Life Example:

We represented a client from Livonia who was helping clean out a relative’s garage. In doing so, he accidentally knocked over a lawn statue in a neighbor’s yard that blended in with the trees. The neighbor called the police. Our client was charged with MDP of property under $1,000. We got the charge dismissed, but it was a legal roller coaster that could have ended very differently if he hadn’t reached out for help.

The Key Legal Difference: Intentional vs. Unintentional Damage

Michigan law is very clear—criminal charges for vandalism require proof that you intended to cause damage. So, if you accidentally smashed a window thinking you were tossing something into your own rental unit trash area, that’s not supposed to be a crime… but the burden of proof is on you and your attorney to make that case.

The prosecutor must prove the following elements beyond a reasonable doubt for a conviction of MDP:

• You damaged someone else’s property
• You did so deliberately and maliciously

If you did not intend to cause damage, or if there was a misunderstanding about who owned the property, that can serve as a legitimate defense in court.

Could You Be Accused of Trespassing Too?

Hand in hand with MDP is often the charge of trespassing. You don’t have to be lurking in someone’s yard at midnight to be found guilty of trespassing in Michigan. Even stepping a few feet into someone else’s yard for a cleanup project or debris removal can result in legal trouble—especially if damage occurred during the incident.

Under MCL 750.552, criminal trespass involves:

• Entering someone else’s land or property
• Doing so without lawful authority or permission
• Staying after being asked to leave

This charge might seem like a minor misdemeanor, but when combined with a damage claim, it can make your case more difficult to defend. Again, intent and permission are key factors.

How to Defend Against Charges of Vandalism or Property Damage

If you’re being investigated or have already been charged with MDP, don’t panic. These cases are beatable—especially when the damage was genuinely accidental.

Possible Defense Strategies Include:

• Proving Lack of Intent: You had no reason to intend damage, and the event was a genuine accident.
• Mistake of Fact: You thought the item/property belonged to you or didn’t recognize what it was.
• Consent from the Property Owner: You acted with actual or implied permission.
• Repair or Restitution: You promptly offered to pay for damages, showing good faith effort not to cause harm.

These cases often come down to circumstantial evidence. If no one saw what happened and police arrived after the fact, your version of the story matters. That’s why it’s crucial to avoid speaking to authorities without a lawyer present.

Do I Really Need a Criminal Defense Attorney?

Yes. Because even if you’re innocent, the court process is not designed to go easy on you just because "you didn’t mean to do it." Without legal counsel, you may unknowingly make admissions that strengthen the prosecutor’s case. And even minor-looking cases can snowball: imagine a $500 scratch on a car door turning into thousands in insurance claims and evidence of “malicious action.”

Don’t take that risk. Defense attorney Aaron J. Boria has helped countless people just like you—people accused of crimes they didn’t realize could even be considered criminal. From criminal defense to representing clients in local Michigan courts, we know what it takes to protect your rights.

Call (734) 453-7806 today for a free consultation or use the contact form on our website. When you call Boria Law, you speak to an actual attorney. We will walk you through the charges, possible outcomes, and most important—how we plan to fight back.

Where Will My Case Be Heard?

If you’re charged in Plymouth, Canton, Northville, or Livonia, your case will likely be handled in the 35th District Court. This is the local court with jurisdiction over many of these misdemeanor property crimes. For felony-level cases (damage over $1,000), your case may head to Wayne County Circuit Court in Detroit.

Some judges are more inclined to see these cases as genuine accidents while others take a harder line. Knowing the courtroom and crafting your defense accordingly is why local legal experience matters. Aaron J. Boria knows the court system inside and out—and we’re not afraid to challenge the facts.

Key Takeaways

• Not all damage is criminal—but what you call an “accident,” the law might treat as a crime.
• Michigan’s Malicious Destruction of Property laws turn on whether the damage was intentional.
• Prosecutors must prove you acted “maliciously”—an experienced attorney knows how to challenge that argument.
• Spring cleaning season is full of opportunities for unintentional mishaps—don’t let one mistake ruin your record.
• The earlier you contact a criminal defense attorney, the stronger your defense will be.

What Should You Do If You’re Accused of Property Damage?

Stay calm. Don’t talk to the police without talking to a lawyer first. Document everything related to the incident—who was present, photos of the property, and your version of events. These early steps make a big difference later in court.

Then, contact an experienced criminal defense lawyer. Defending cases in Michigan courts for over a decade, Aaron J. Boria has a track record of dismissals, reduced charges, and not-guilty verdicts—even in cases where damage clearly occurred but the intent simply wasn’t there.

Call us now at (734) 453-7806 or use our website contact form to schedule a free consultation. Don’t let one bad day leave you with a criminal record for the rest of your life.