Wisconsin Criminal Damage to Property
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Madison, WI
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(608) 204-5807
Criminal Damage to Property Defense Attorneys in Madison, WI
Criminal Damage to Property in Wisconsin: Understanding Charges & Defense Strategies
Criminal damage to property is a serious offense in Wisconsin, with penalties ranging from misdemeanor fines to felony convictions. In some cases, this charge can escalate to a domestic violence-related offense, depending on the circumstances.
At DK Anderson, S.C., we understand that not all property damage cases are as straightforward as they seem. Whether the damage was unintentional, exaggerated, or you were wrongfully accused, we aggressively defend clients against criminal damage to property charges across Southern Wisconsin, including Dane, Rock, Green, Iowa, Columbia, Sauk and Jefferson Counties.
What Is Criminal Damage to Property in Wisconsin?
Under Wisconsin Statute § 943.01, criminal damage to property occurs when someone:
- Intentionally causes damage to physical property
- Damages property owned by another person
- Acts without the owner’s consent
- Knows the property belongs to someone else
Damage can range from minor defacement to total destruction. Even if the damage was unintentional, prosecutors may pursue criminal charges if they believe recklessness played a role.
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How the State Prosecutes Criminal Damage to Property Cases
For a conviction, the prosecution must prove beyond a reasonable doubt that:
🔹 You caused damage to physical property
🔹 You acted intentionally (not by accident)
🔹 The property belonged to another person
🔹 You did not have the owner’s consent
🔹 You knew the property was not yours and lacked permission to damage it
A skilled criminal defense attorney can challenge each of these elements, exposing weaknesses in the prosecution’s case and seeking a charge reduction or dismissal.
When Does Criminal Damage to Property Become a Felony in Wisconsin?
While many property damage cases are charged as misdemeanors, certain factors can elevate the charge to a felony, leading to steeper fines, prison time, and a permanent criminal record.
A Felony Charge May Apply If:
- The damage causes a financial loss exceeding $2,500
- The damage is likely to cause injury (e.g., damage to vehicles, highways)
- The damaged property belongs to a public utility or transportation system
- The damage is retaliation against a juror for their verdict
- The property is state-owned land or historic rock art
- The property was part of scientific research
Additionally, tampering with vending machines, ATMs, or other money-operated devices can lead to felony charges, even if no money was stolen.
How DK Anderson, S.C. Fights Criminal Damage to Property Charges
At DK Anderson, S.C., we understand that every case has two sides. Whether you’re facing misdemeanor or felony charges, we will:
✔ Challenge the evidence – Was the damage truly intentional?
✔ Dispute ownership issues – Did you have a reasonable belief that you had permission?
✔ Question the valuation of the damage – Can the prosecution prove the cost exceeds felony thresholds?
✔ Negotiate for a charge reduction – In many cases, we can push for a forfeiture or civil fine instead of criminal penalties.
Our aggressive defense strategies are designed to protect your rights, minimize penalties, and fight for the best outcome possible.
Take Action Now – Protect Your Future
A criminal damage to property charge can have lasting consequences—but you don’t have to face it alone.
📞 Call (608) 204-5807 for a free case evaluation.
No. Wisconsin law requires intentional damage for a conviction. However, if law enforcement believes you acted recklessly or failed to prevent the damage, they may still pursue charges. A defense attorney can argue lack of intent to get charges reduced or dismissed.
False accusations are common in property damage cases, especially in disputes between landlords and tenants, former partners, or business rivals. If you were falsely accused, we can present witness testimony, surveillance footage, or forensic evidence to clear your name.
Yes. If the damaged property belonged to a spouse, ex-partner, or household member, prosecutors may add a domestic violence enhancement to your charges. This can result in additional penalties, firearm restrictions, and restraining orders.
A skilled criminal defense attorney can:
- Challenge the intent requirement
- Dispute the damage valuation
- Negotiate for reduced or dismissed charges
- Present alternative explanations for the damage
- Fight for an alternative resolution, such as restitution instead of criminal penalties
At DK Anderson, S.C., we use aggressive defense strategies to protect your rights.
Our Practice Areas
Drunk Driving
Whether you are charged with a first offense, or a fifth offense, our Wisconsin OWI attorneys can help.
Violent Crimes
A conviction for any one of Wisconsin's violent crimes will have significant consequences.
Drug Charges
Our Wisconsin Drug charge attorneys know the law and how to apply that law in the court room.
Domestic Violence​
A conviction for a domestic violence charge in Wisconsin has additional consequences.
Property Crimes
Wisconsin property crimes include theft, forgery, and criminal damage to property.
Sex Offenses
Not much will change your life like a conviction for one of Wisconsin's sex offense charges.
Traffic Citations
Although less serious than a criminal charge, a traffic citation can effect your driver's license.