Tuesday, June 30, 2009

Vandalism Defenses and Penalties

Vandalism is a very common charge. In order to be guilty of vandalism, the Prosecution must prove that a person willfully damaged property belonging to another with malice. Malice is defined as an act done with an intent to annoy or injure another. Vandalism can be charged as a felony when the value of the damage is $400 or more. Any damage of a lesser value can only be a misdemeanor.

Potential Penalties for Vandalism
• Misdemeanor Jail Time (Up to 1 Year)
• Felony Jail Time (Up to 3 Years)
• Fine
• Informal/formal Probation
• Permanent Criminal Record

Common Defenses for Vandalism
• Failure to Give Miranda Warnings
• Consent by Owner
• Lack of Malice
• No Damage Actually Occurred
• Necessity
• Ownership of the Property
• Self-Defense
• Accident

Vandalism Criminal Defense San Mateo County Former Prosecutor

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