Injury to Real and Personal Property Defense Attorney in Salisbury and Rowan County
​Charges of injury to real or personal property in North Carolina present serious legal risks. While the damage may appear minor or even accidental to some, the law views willful or wanton property harm as a criminal offense. If you face allegations of property damage it is important to understand your rights and options.
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What Are the Offenses of Injury to Real or Personal Property
North Carolina law distinguishes between real property (land and fixtures) and personal property (movable items) when it comes to injury or damage. Key legal concepts include:
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Injury to Real Property: When someone willfully or wantonly damages land, buildings, fixtures such as fences, walls, gates, or other structures attached to the land.
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Injury to Personal Property: When someone willfully or wantonly injures, destroys or defaces another person’s movable possessions, such as vehicles, electronics, jewelry or artwork.
Classifications and Penalties for Real Property Damage
For damage to real property under North Carolina statute:
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If someone willfully and wantonly injures any real property, the offense is typically a Class 1 misdemeanor.
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If the damage is to residential real property of another and the value of damage is at least $1,000, the offense may be elevated to a Class I felony.
Classifications and Penalties for Personal Property Damage
For damage to personal property under North Carolina statute:
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If someone willfully and wantonly injures another person’s personal property and the damage is valued at $200 or less, the offense is a Class 2 misdemeanor.
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If the damage is more than $200, then the offense becomes a Class 1 misdemeanor.
Why Legal Representation Matters
Even for offenses that appear minor, the consequences can be serious:
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A criminal conviction remains on your record and may affect employment, housing, licensing or professional opportunities.
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The value attributed to the damaged property may influence the class of the offense and therefore the severity of the penalty.
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Early involvement of a defense attorney provides the opportunity to challenge the evidence, dispute valuation of the damage, negotiate for reduced charges or explore diversion programs.
