The prosecutor is required to prove all three facts in order to convict you of vandalism under Penal Code 594 PC. We can provide a free consultation in the office or by phone. California Penal Code Section 594 PC: Vandalism either (a) probation with up to one year of country jail, or (b) a jail sentence of sixteen (16) months, two (2) years or three (3) years, a maximum fine of ten thousand dollars ($10,000)OR up to fifty thousand dollars ($50,000) if the amount of the damage was $10,000 or more, and/or, the form of vandalism you are charged with is defacing property with graffiti or other inscribed material (as opposed to the other forms of vandalism described above); AND. But keep in mind that just because the prosecutorchargesyou with felony vandalism doesnt mean that you will beconvictedof felony vandalism. Arrested for "Vandalism"? Your defense attorney will focus on protecting your best interests. PDF NOTICE: All slip opinions and orders are subject to formal Decisions The prosecution must demonstrate these elements beyond a reasonable doubt to get a successful vandalism conviction. (a) Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism: (1)Defaces with graffiti or other inscribed material. Are there other crimes that can be charged in connection with vandalism? These elements include: An act must be deliberate for it to be deemed vandalism. There is certainly no requirement that you need to be caught with drugs and a scale. The property owner, neighbors, or bystanders can take these photos. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. In other words, what is vandalism in one state may be destruction of property in another. What Are the Charges for an Accidental Shooting in Minnesota? Penal Code 186.22 PC Californias criminal street gang enhancement, 4.6. Property seizure of your car, boat, home, snowmobile or ATV can be costly both in terms of lost assets and in payments on property you no longer hold. Arrested in Nevada? (b)(1)If the amount of defacement, damage, or destruction is four hundred dollars ($400) or more, vandalism is punishable by imprisonment pursuant to subdivision (h) of Section 1170 or in a county jail not exceeding one year, or by a fine of not more than ten thousand dollars ($10,000), or if the amount of defacement, damage, or destruction is ten thousand dollars ($10,000) or more, by a fine of not more than fifty thousand dollars ($50,000), or by both that fine and imprisonment. Keller Law Offices - Blog - Can You Be Charged With Vandalism Without Proof in Minnesota? (3) If the amount of defacement, damage, destruction, or contamination is nine hundred fifty dollars ($950) or more, but less than five thousand dollars ($5,000), by a fine of not more than five thousand dollars ($5,000). You must compile enough evidence to defend yourself against your vandalism charges. Why I should worry? The consequences you may face for malicious injury to school property are listed in the table below. The elements that are common to all of them are that 1) you willfully enter someone elses property, and 2) you have the specific intent to interfere with that persons property rights (which could include committing vandalism). This subdivision does not preclude application of [Penal Code] Section 594 [Californias vandalism law]. Even though the initials may be easily removed by cleaning the glass, he has still written on someone elses property. Find out who will be working on your case if your prospective defense attorney is from a large firm. There is no requirement that the defacement with graffiti or other inscribed material be permanent.8. It is a crime to purposely damage or destroy another person's property without their permission. For defendants that have not had prior vandalism charges or convictions, criminal charges can be dropped in exchange for a defendant entering a civil compromise, if a DA is amenable. The value of the damage is more than $500. Circumstantial evidence sometimes is enough for the authority to press charges against you. This amount can differ among states or depending on the type of property. In an effort to control the impact of this crime, many states have specific laws that may decrease certain forms of property damage. You damaged someone elses property by accident; You were the victim of mistaken identity. As you may have picked up, it's highly unlikely that vandalism is done unintentionally, and as such, this defense rarely works. California Penal Code 594 PC defines the crime of vandalism as maliciously damaging, destroying or defacing someone elses property. If you need an attorney, find one right now. Police officers or investigators may trick you into disclosing self-implicating information during your questioning. It categorizes vandalism into three degrees, depending on the seriousness of the alleged damaging conduct. Can You Be Charged With Vandalism Without Proof in Minnesota? If you are convicted, you may be barred from applying for future jobs or attending college. Because vandalism can frequently occur in connection with California domestic violence cases, it is not uncommon for an innocent individual to be the victim of false accusations and a wrongful arrest. This law provides for wobbler penalties for people who cut or otherwise damage or obstruct phone, electrical or cable lines, or equipment associated with those lines.53If you are alleged to have damaged property that included, say, telephone or electrical equipment, you could be charged with both vandalism and damaging a telephone line. Getting sentenced does not mark the end of your case. A few states have no statutes of limitations for any felony. Vandalism is defined as the destruction of a valuable property, which is determined by the value of the damaged property. The language of the code section states that:. Example:Otis is horrified when he learns that his wife has been cheating on him for years with his best friend. The way vandalism is charged varies from state to state, and may even vary depending on the value of the property defaced or destroyed, as well as the cost to clean or repair the property. The damaged property is a public safety vehicle, and there was a significant disruption of public safety service due to the damage. Defendants who agree to pay fines and clean up the property after it has been damaged agree to the terms of the court order. 7031 Koll Center Pkwy, Pleasanton, CA 94566. Vandalism means intentional behavior destroying or defacing property belonging to another. Road traffic collisions don't count as vandalism, even if the other party was at fault. A prosecutor must show beyond a reasonable doubt that you committed willful and malicious destruction of property in order to prove such a crime. The attorney can then develop an effective defense strategy to avoid a conviction or reduce the sentence. A jail sentence for vandalism can range from a few days in jail to several years in prison, depending on the amount of damage done. Moreover, some state vandalism laws prohibit specific acts, such as breaking windows, graffiti, and using man-made substances to destroy property. Can you be charged with vandalism without proof? Car Vandalism 101: Crimes and Penalties Shouse Law Group has wonderful customer service. Is this really a problem? It doesn't take much for a childish prank to become an act of criminal vandalism. The legal forfeiture of your vehicle or other property by the police can be a shocking experience. For example, if you put bumper stickers on a person's car or spray-paint your name on someone's fence, this is vandalism. . A text message is probably is enough to charge someone with a crime depending on the content of the message. (c) The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a) or (b) to undergo counseling.)See also Vehicle Code 13202.6 VC Vandalism by defacing or destroying property; convictions of persons age 13 or older; suspension or delay of driving privilege; reduction of period for community service. by Rachelle | Jan 19, 2023 | Law Enforcement. Set an initial consultation with a prospective defense attorney before making a hiring decision. (b) In lieu of the community service that may be ordered pursuant to subdivision (a), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and his or her parents or guardians if the defendant is a minor, as a condition of probation, to keep a specified property in the community free of graffiti for up to one year. Ask about how long the attorney has been handling cases such as yours. Burglary of aninhabitedhouse or structure is a felony, carrying a state prison term of up to (6) years. This law punishes a variety of . Penalties for other types of vandalism, 2.5. Penal Code 273.5 PC Willful infliction of corporal injury/ violation; punishment [may be charged along with vandalism]. The scheme of penalties, punishment, and sentencing for California vandalism is surprisingly complicated. We do not handle any of the following cases: And we do not handle any cases outside of California. The more you delay involving an attorney, the more time you give the prosecution to build a strong case against you. Vandalism has several unique elements. Valium (diazepam) is classified by the federal government through the DEA as a Schedule IV controlled substance. The University of Minnesota student admitted to spraying racist graffiti on three different EMU walls. For information regarding a specific legal issue affecting you, pleasecontact an attorney in your area. In fact, in the summer of 2014, theLos Angeles County sheriffs departmentwas even recommending thatthe pop star Justin Bieber be charged withCalifornia felonyvandalismjust for tossing a few eggs at his neighbors house! The email address cannot be subscribed. Child Charged With Vandalism: What Punishments Are Possible? A resourceful criminal defense attorney knows which evidence to collect and how to organize it for trial. If you or a loved one is charged with Penal Code 594 PC vandalism and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. The attorney will first consult you before initiating plea deal talks. Penalties for Criminal Trespass Criminal trespass may be charged as a felony, a misdemeanor, or an infraction. Get your lawyer involved immediately after getting arrested. If you have no previous California vandalism conviction, then under Penal Code 640.5 and 640.6 PC, your graffiti offense will be aninfraction. The burden of proof is always on the [p]laintiff in these matters to prove by a preponderance of the evidence or prove that it's more probable than not that you need the protection." The judge's questioning of the plaintiff showed that he was focused on the central issue of abuse under G. L. c. 209A: "What incident or incidents .
