Criminal Law

questions & answers

Question: Can a person be arrested for deflating tires on a car that the title is not in the owner's name, there is no registration, the owner does not even have an azdl

Answer: The first question is whether a crime has even been committed. The only possible crimes I can think of are criminal damage (statute pasted below) and disorderly conduct (also pasted below). In order to qualify as criminal damage, the property must be damaged or tampered with such that the value is substantially impaired. If the tires were not damaged, then it would not qualify as criminal damage. Additionally, ownership of the vehicle would have to be proven. In order to qualify as disorderly conduct, the conduct would have to be with the intent to disturb the peace or quiet or actually disturbing the peace or quiet. If no one was around when the tires were deflated, this is a stretch. If the owner was present, they could argue it was disorderly conduct. 13-1602. Criminal damage; classification A. A person commits criminal damage by: 1. Recklessly defacing or damaging property of another person. 2. Recklessly tampering with property of another person so as substantially to impair its function or value. 3. Recklessly damaging property of a utility. 4. Recklessly parking any vehicle in such a manner as to deprive livestock of access to the only reasonably available water. 5. Recklessly drawing or inscribing a message, slogan, sign or symbol that is made on any public or private building, structure or surface, except the ground, and that is made without permission of the owner. 13-2904. Disorderly conduct; classification A. A person commits disorderly conduct if, with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so, such person: 1. Engages in fighting, violent or seriously disruptive behavior; or 2. Makes unreasonable noise; or 3. Uses abusive or offensive language or gestures to any person present in a manner likely to provoke immediate physical retaliation by such person; or 4. Makes any protracted commotion, utterance or display with the intent to prevent the transaction of the business of a lawful meeting, gathering or procession; or 5. Refuses to obey a lawful order to disperse issued to maintain public safety in dangerous proximity to a fire, a hazard or any other emergency; or 6. Recklessly handles, displays or discharges a deadly weapon or dangerous instrument. B. Disorderly conduct under subsection A, paragraph 6 is a class 6 felony. Disorderly conduct under subsection A, paragraph 1, 2, 3, 4 or 5 is a class 1 misdemeanor.