some questions..

[Thadius]

What is the name of your state? Michigan

I dont know if this is posted in the right place or not, but here goes.

I drove my van through someone's yard twice, running over the same tree both times, and the second time it happened the owner of the house set off firecrackers or something, which to us (my friend was in the passenger seat both times, and it was his idea both times cause he hates the daughter of the home owner) sounded like gun shots, and I slammed the gas and sped away. This left barely visible tracks in his grass. Wether or not the tree will live or not noone is sure of yet.

My friend and I eventually had a cop come to our doors, and a couple days ago we both went over to his house, as he had called and wanted to meet with us to talk about the cost; he decided not to press charges after we both apologized a week earlier. He showed us 4 receipts: one for the tree when he originally bought it, two for each time he had it replanted, and one for the lawn. Added together, those bills total $955. Since we did it twice, he doubled that. His reason was that felony fines are doubled on the second offense, so all together that's $1,910. Now, it was my understanding that fines totalling $1,000 or more were considered a felony, and in this case it came up $45 short of a felony, if I'm correct in my thinking. If I am right, then the $955 would not have to be doubled, right? PLUS, we don't even know if the tree is going to die, so the cost of the tree when he bought it originally should be taken off until it does in fact die, correct?

I guess I just want to know if I could get a felony on my record from this or not, and what I'd actually have to pay this guy if he doesnt press charges.

 

[rmet4nzkx]

This sounds like a fair proposal for restitution, remember he lost the use and enjoyment of the tree every time it met an untimely end as a result of your activities and it is possible that depending on what you were charged with, it could indeed be a felony beyond the cost to replace the tree. He is doing you a favor, I kinda think he should press charges so you will learn a lesson. If you don't pay, he can press charges, he can also take you to small claims court since you agreed to pay.

 

[Thadius]

When I talked to the police officer that came to my house, he said the charge would be malicious destruction, and I thought you could only get a felony for that if the value of the damaged property exceeded $1,000. Isn't that right?

 

[rmet4nzkx]

Yes however with misc costs and labor and the admin fine it would be over $1,000 and if you were harassing, stalking, MIP there could be other charges.
Crimes
What is a misdemeanor?
A misdemeanor is a crime of less serious nature punishable by jail, fines, community service, or probation. Jail is served in the county jail as opposed to a felony, where time is served in the state prison.

What is a felony?
A felony is a serious crime such as murder, arson, or armed robbery, which is punishable by a term in a state prison. If you are convicted of a felony, you may not hold certain jobs such as a lawyer or police officer, hold a public office, or work on the securities and exchange.

Is joy-riding a crime?
Yes. Taking a car without the owner's consent, commonly referred to as "joy-riding" is a crime. This crime is punishable by up to two years in jail and/or $1,000 fine. This is a two-year misdemeanor.

If I damage or destroy somebody's property, have I committed a crime?
Yes. For example, if you break a neighbor's window on purpose, you have committed a crime called "malicious destruction of property." If property damage is under $100, then it is a 90-day misdemeanor and a fine of up to $500. If property damage is over $100 then it is a five-year felony.

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WEBMASTER NOTE:
MCLA 750.377a is now as follows:
Damage over $20,000 is a 10-year felony
Damage over $1,000 but under $20,000 is a 5-year felony
Damage over $200 but under $1,000 is a 1-year misdemeanor
Damage under $200 is a 93-day misdemeanor

 

[Orcons]

Your decision is simple, is it worth $1910 to you for him not to press charges? If not, what is it worth? That is the number you should use for a counter offer (or something less if you want some bargaining room.)

Keep in mind, though, that he can also bring a civil action against you for his damages. In some states intentional destruction of trees can bring triple damages which, especially after legal fees, makes $1910 look cheap.