Criminal Damage In Arizona, As Illustrated By The Latest Sinema Sex Scandal Update

Most Arizonans who keep up with politics have heard of Kyrsten Sinema. She first made headlines as the first openly bisexual member of the Senate, but later became infamous for turning away from the Democratic Party after being elected. Lately, she has been back in the news due to her affair with a member of her security detail. Sinema maintained a romantic relationship with her married security guard, who is based out of North Carolina. North Carolina is one of just three states in the country that allow alienation of affection lawsuits, also known as homewrecker lawsuits. In an alienation of affection lawsuit, an aggrieved spouse can file for damages against their spouse’s affair partner if they can show that the relationship was previously loving. Because Sinema’s lover was in North Carolina when she sent him 9 text messages, a judge ruled that was sufficient jurisdiction for the plaintiff to proceed with a suit for $75,000 in damages. But this bombshell homewrecker lawsuit wasn’t the end of former Senator Sinema’s sex scandal. 

In August of 2026, Sinema’s former bodyguard and lover, Matthew Ammel, was arrested for trashing Sinema’s home in Cave Creek. While it is unclear whether he was motivated by alcohol or anger over Sinema’s involvement with AI and the war in Gaza, Ammel took it out on the politician’s art collection. He reportedly destroyed 22 paintings and alcohol in her home worth more than $200,000. The paintings were destroyed one by one as she refused to release a public video admitting to her wrongdoings per his demands. He attended rehab but was later arrested while carrying a large knife near the former senator’s home. Ammel was set to appear in court over the criminal damage case on October 1, 2026. He failed to appear, which will likely result in even more severe legal consequences. 

Damaging such high-value property has serious repercussions just about everywhere, but in Arizona, that amount constitutes a felony. In the short term, a defendant convicted of a felony in Arizona will need to pay fines, serve time behind bars, and complete various other sentencing requirements. The stigma of a felony conviction will follow them for life, making it harder to get a job, a loan, and more. If you’ve been charged with misdemeanor or felony criminal damage in Arizona, you owe it to yourself to explore all of your legal options. To discuss your case with an experienced Arizona criminal defense attorney, contact our firm today at 480-833-8000 for more information.

Arizona Revised Statutes Section 13-1602

A.R.S. § 13-1602 is Arizona’s criminal damage law. There are six definitions of criminal damage set forth by this statute:

1. Recklessly defacing or damaging property of another person;
2. Recklessly tampering with property of another person so as to substantially impair its function or value;
3. Recklessly damaging property of a utility;
4. Recklessly physically obstructing a passageway in such a manner 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; and
6. Intentionally tampering with utility property. 

Generally, criminal damage is a class 2 misdemeanor. But Section 13-1602 sets forth several causes to increase the offense level. Criminal damage is a class 1 misdemeanor if the property is worth between $250 and $1,000. It crosses the threshold to a class 6 felony if the property is valued between $1,000 and $2,000. If the property is worth between $2,000 and $10,000, or the property damage occurred as a part of street gang activity, it is considered a class 5 felony. Criminal damage at the class 4 felony level applies to property worth more than $10,000, or utilities worth more than $5,000 causing an imminent safety hazard. Ammel reportedly caused more than $200,000 worth of damage in Sinema’s home, putting him well above the threshold for a class 4 felony criminal damage charge. 

Fighting Against Criminal Damage Charges

Some legal defense strategies can be applied in almost all cases, while others are more unique to criminal damage. A defendant should consider all of them to make sure they have the strongest defense possible. 

Bringing the Property’s Value into Question

In Sinema’s case, the bulk of the property value damaged was in paintings. These can be subjective in value, and what a person paid for them might not necessarily translate to what they can be sold for. The defendant could challenge the valuation of the property to bring down the offense level, which would in turn reduce their incarceration sentence, fines, and other criminal penalties. They might submit the cost to repair the property as opposed to replace it, or find a lower appraisal valuation. 

Identity Denial

Security camera and Ring camera footage is some of the most commonly used evidence in criminal damage cases. However, footage from these sources tends to be blurry, which could draw the perpetrator’s identity into question. If there is no other physical evidence tying the defendant to the time, they should fight as hard as possible to have any video footage excluded from trial, and focus on elements that could point to someone else being the suspect. Black and white footage, especially if recorded at night, of someone in a hoodie could be footage of anyone if the defendant has a convincing enough argument. 

Question the Level of Intent

Arizona’s definitions of criminal damage require that the defendant acted recklessly. Here, reckless means that the defendant was aware of the risks of their behavior, disregarded those risks, and engaged in that behavior anyway. Voluntary intoxication satisfies Arizona’s definition of recklessness. But involuntary intoxication or another medical event probably won’t satisfy the definition. A defendant should consider whether their conduct met the level of intent- recklessness- necessary for a criminal damage conviction in Arizona. 

Consent or Ownership

Someone may mistakenly be arrested for criminal damage for destroying their own property. Or, they could be placed under arrest when that property’s owner originally gave the defendant permission to destroy their property. Additionally, the property owner may have given the defendant permission to use their property, but the damage occurred due to mistake or error. 

Facing Your Own Criminal Damage Prosecution? Learn More About Your Options from an Experienced Private Defense Attorney Today. 

While most criminal damage cases won’t make headlines, they can still upend the defendants’ lives. This is especially true when the offense is charged at the felony level. A defendant could also face criminal damage charges in addition to other charges related to the same incident. A conviction can mean jail time, fines, and irreparable damage to your reputation that affects every area of your life. With all that’s on the line, do you trust the public defender assigned to your case by the court? Or would you rather retain an attorney who makes you feel confident about their ability to litigate your case? High-quality legal representation from top-Rated Criminal Defense Lawyers may be more affordable than you think, and you don’t have to come out of pocket to find out for yourself. Contact us to learn more.