Breaking a window, keying a car, or damaging property in an argument can be a felony in Missouri. Knowingly damaging someone else’s property by more than $750 is first degree property damage, a class E felony, and damaging a vehicle while breaking into it to steal is a class D felony at any amount.
This guide covers first and second degree property damage under RSMo 569.100 and 569.120 as currently in effect, how damage is valued, and how these charges are defended.
The degrees
When is property damage a felony in Missouri?
When the damage exceeds $750, or in certain specific situations.
Over $750
Knowingly damaging another person’s property by more than $750, or damaging property by more than $750 to defraud an insurer. A class E felony, up to 4 years. RSMo 569.100.
Vehicle break-ins
Knowingly damaging another person’s vehicle while entering it to steal, or while stealing inside it. A class D felony at any amount, or a class B felony for a repeat violation.
ATMs
Knowingly damaging, modifying, destroying, or disabling a teller machine. A class D felony, higher when done as part of a fraud scheme.
Second degree
Knowingly damaging another person’s property in any amount, or damaging property to defraud an insurer. A class B misdemeanor. RSMo 569.120.
Targeting a victim because they are a law enforcement officer or an officer’s relative raises the class of both degrees.
Value
How is property damage valued in Missouri?
By the extent of the damage, and it is often disputed.
The $750 line depends on the amount of damage, which is usually shown through repair estimates, invoices, or testimony from the owner. Estimates can include unrelated repairs, inflated prices, or pre-existing damage. When a case sits near the threshold, the value evidence can decide whether it is a felony or a misdemeanor.
Restitution for the damage is often part of resolving these cases, and it can affect whether a prosecutor will agree to a reduction.
Common situations
When do property damage charges usually come up?
Often alongside other allegations.
Property damage frequently appears with domestic disputes, burglary or stealing charges, vehicle break-ins, and disputes between neighbors or former partners. In a domestic situation, damaging shared property raises questions about whose property it was. In a vehicle case, the charge often depends on whether the State can prove the purpose was to steal.
See burglary, stealing, and domestic assault.
Defenses
How do you defend a felony property damage charge?
Knowledge, ownership, and the amount.
- Knowledge. The offense requires knowingly damaging property. Accidental damage is not a crime, though it may create civil liability.
- Ownership. The property must belong to another person. Jointly owned property, marital property, and property in dispute raise real questions.
- Value. The State must prove damage over $750 for the felony.
- Identity. Many cases rely on video or a witness who saw only part of what happened.
- Purpose to steal. For the vehicle provision, the State must connect the damage to stealing.
FAQ
Property damage questions
Is property damage a felony in Missouri?
First degree property damage is a felony: class E for knowingly damaging property by more than $750, and class D for damaging a vehicle while breaking in to steal or damaging an ATM. Second degree is a class B misdemeanor.
Is breaking a car window to steal a felony in Missouri?
Yes. Knowingly damaging a vehicle while entering it to steal, or while stealing inside it, is first degree property damage, a class D felony, regardless of the amount of damage.
Can I be charged for damaging property I co-own?
The statute covers property of another. When property is jointly owned or ownership is disputed, whether the charge fits is often contested.
Will paying for the damage make the charge go away?
Not automatically. Restitution can matter in negotiations and sentencing, but the State decides whether to proceed.
Can felony property damage be expunged?
Many class E and D felonies can be expunged after the waiting period if the rest of the record qualifies.
See our felony theft and property crime defense page, or call 573-638-8529.
Talk to us
The estimate is not the final word.
If you are charged with felony property damage in Missouri, call before your first court date.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about Missouri law as of October 2026, not legal advice, and it does not create an attorney-client relationship. The outcome of any case depends on its facts.
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