Penal Code 591.5 in California is used to prosecute individuals who damage a communication device with intent to prevent help. The court handles this charge as a misdemeanor-level offense.PC 591.5 convictions can lead to jail time and fines. In some cases, the court can order probation instead. You can call the Simmrin Law Group to get additional information about how to fight PC 591.5 accusations. You can reach us at (310) 997-4688.
The Charge of Damaging a Communication Device with Intent to Prevent Help
Only in certain cases should Individuals face charges for damaging a communication device with intent to prevent help. A conviction requires the prosecution to show that three elements were present. The prosecution must show that someone:
Damaged a Communication Device
This charge can apply if someone does any of the following to a communication device:
- Destroys it
- Damages or injures it
- Obstructs another person’s ability to use it
- Takes it away from another person
There are several types of “communication devices” in California. This includes cell phones and wireless land line phones. Beepers and iPads are also considered communication devices.
Individuals must have acted in a malicious way to be convicted under PC 591.5. The court system in California defines “malicious” behavior as actions taken to:
- Annoy someone
- Injure someone
- Commit a wrongful act
Wanted to Prevent Contact with Law Enforcement
The purpose for damaging a communication device in California is important. This charge only applies if someone acts to:
- Stop another person from getting help
- Prevent someone from telling law enforcement about a criminal act
In some cases, PC 591.5 charges may not apply. Dig deeper into how to fight this charge by calling (310) 997-4688. The team at the Simmrin Law Group can answer your legal questions right now.
A Conviction Under PC 591.5
Individuals can face misdemeanor charges under PC 591.5. This means there are serious penalties for a conviction. In some cases, individuals can end up facing fines of up to $1,000. The court can also order individuals to spend up to one year in jail.
Sometimes, probation is ordered in cases involving damage to a communication device with intent to prevent help. The court allows individuals to stay out of jail when they’re on probation. However, they must adhere to the rules regarding probation or they can go straight to jail.
Probation violations occur if people disobey court orders. These violations can result in additional criminal charges. Find out more now with a criminal defense lawyer in Los Angeles.
Build a Defense Against PC 591.5 Charges in California
The Simmrin Law Group is here to step in if you are accused of damaging a communication device with intent to prevent help in California. Allow us to review the specific facts of your case. We’re prepared to work to show that you:
Were Not Acting with Malice
You should only face PC 591.5 charges if you acted maliciously to destroy a communication device. If you accidentally damaged someone else’s cellphone with no intent to harm it, you could avoid a PC 591.5 conviction.
Weren’t Trying to Stop Someone from Getting Help
PC 591.5 charges only apply if you were preventing someone from getting help from or contacting the police. If you destroyed someone’s phone because they made you angry, this would not qualify as a PC 591.5 violation. However, you could still face criminal charges for this act.
Were Incorrectly Accused of Damaging a Communication Device
False charges can occur in California. You may be charged with damaging a communication device by someone who was angry at you or simply misunderstood the situation. A lawyer can stand up for you in this situation and help you work on your defense.
Get Help Handling Penal Code 591.5 Charges Right Now
Charged with damaging a communication device with intent to prevent help in California? Allow the Simmrin Law Group to handle your defense. We can handle Penal Code 591.5 charges for you and possibly reduce their penalties. Start today by calling us at (310) 997-4688. We also have an online contact form you can fill out.
Reach out to us for a free legal consultation today.