If you are facing a vandalism charge, it is important to be aware of the potential consequences you could be facing, as well as the possible defenses you can use to protect yourself.
When facing a vandalism charge, you can protect yourself by hiring Lakewood vandalism lawyers with experience defending clients against these charges.
Our team at Simmrin Law Group may be able to get your charges reduced or dropped altogether, depending on the specifics of your case. When you hire our Lakewood criminal defense lawyer, it means you’ve got a friend who knows the law on your side. Learn why thousands of clients have trusted us with their defenses by reaching out to us now.
Why Hire a Vandalism Lawyer Serving Lakewood, CA?
Hiring an attorney after an arrest for vandalism can improve your chances of successfully handling the charges you face. Our lawyers can handle all of your legal needs by:
- Answering any questions you have after an arrest
- Standing up for you during legal questioning
- Protecting your Constitutional rights
- Handling your legal defense
You can rely on our team to help you confidently navigate the criminal justice system after an arrest and booking at the Lakewood Sheriff’s Station. We can use our knowledge of property damage laws to address all of your legal concerns as we protect your future.
For a free legal consultation with a vandalism lawyer serving Lakewood, call (310) 896-2723
Defining Vandalism
California Penal Code §594: Vandalism defines vandalism as maliciously damaging, destroying, or defacing another person‘s property. The severity of vandalism charges can vary greatly. They can be something as mild as writing your name in wet cement on public property to something serious like destroying a car.
You can learn more about the specifics of these charges from a criminal defense attorney from our dedicated team. Our knowledge of criminal law can help us provide the answers you need to make informed decisions.
Lakewood Vandalism Lawyer Near Me (310) 896-2723
Vandalism Is a “Wobbler”
The charges and penalties for a Penal Code 594 case largely depend on the amount of damage you allegedly caused. The important figure to keep in mind is $400. If the resulting cost of an act of vandalism is less than $400, then it is considered misdemeanor vandalism.
However, if the damage is greater than $400, it can either be charged as a misdemeanor or a felony. Whether the prosecution raises the charge from a misdemeanor to a felony depends on a variety of factors, including:
- The extent of the damage
- Whether you have any prior convictions
- Whether you allegedly committed other crimes in connection with the vandalism
Your criminal defense attorney can tell you more about this property crime.
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Penalties for Vandalism in Lakewood, CA
Whether you face misdemeanor or felony vandalism charges, it is important to keep in mind that even a conviction for a minor vandalism offense can carry serious consequences. A Lakewood vandalism attorney can help protect you when you are facing a vandalism charge.
Misdemeanor Vandalism
A charge of misdemeanor vandalism carries a maximum penalty of one year in county jail and up to $1,000 in fines.
Felony Vandalism
A felony charge for vandalism carries a maximum sentence of up to three years in county jail. The court generally caps the fines associated with felony vandalism at $10,000. However, in cases where the damage is particularly serious, that amount can be increased.
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What a Prosecutor Must Prove to Convict
There are several elements that a prosecutor must prove to convict a defendant of an act of vandalism.
Defendant Defaced, Damaged, or Destroyed Property
To convict a person accused of vandalism in court, the prosecution must prove that they defaced, damaged, or destroyed property. When it comes to defacing property, the damage does not even have to be permanent.
Spray-painting a wall is vandalism that often requires significant time and money to cover up. At the same time, writing on glass with a non-permanent marker can also be vandalism, even if it only takes a few seconds with a wet rag to remove it.
Defendant Did Not Solely Own the Property in Question
In addition to proving that the defendant committed the act of defacing, damaging, or destroying property, the prosecution must also prove that the property in question does not belong solely to the accused.
In most cases, this is very easy to do, especially if the property in question is public. However, it can get tricky if the defendant owns the property with someone else. If the person with whom they share the property has a problem with what they did, they could face a vandalism charge.
Defendant Acted Maliciously
Another key element of California vandalism laws is that, to commit an act of vandalism, the perpetrator must act maliciously. In the legal sense, that means they either intentionally committed an act of vandalism or intended to annoy or injure another person.
If a person accidentally commits an act that defaces, damages, or destroys someone’s property, they are not guilty of vandalism in Lakewood, California.
The Financial Cost of the Damage
If the prosecutor is attempting to convict an individual of felony vandalism, they must also prove that the costs of restoring, repairing, or replacing the item in question exceed $400.
Defenses Against a Vandalism Charge
When accused of committing an act of vandalism in Lakewood, California, there are several possible defense tactics that your vandalism attorney can argue. A few of the most common defenses used in vandalism cases are:
False Accusations
Unfortunately, false accusations are quite common, with vandalism charges. People often commit acts of vandalism and then blame others.
Sometimes people intentionally commit an act of vandalism with the aim of framing another person for the crime as a form of revenge or for some other motive to hurt the person they are accusing. In other situations, a person makes a false accusation in an attempt to hide their own guilt.
Mistaken Identity
Another common defense in vandalism cases is mistaken identity. Mistaken identity can occur in a variety of ways. One of the most common forms of mistaken identity in a vandalism case is when an innocent individual matches the description of the true perpetrator of the crime.
A person may mistakenly accuse another of vandalism, not because they saw the crime but because the two individuals have a contentious relationship. Another possibility is that a person was seen with those who did commit the vandalism near the time of the incident, even though they were not personally involved.
Accidental Damage
The other most common defense is that you were the one who did the damage in question, but that damage was the result of an accident, not malicious intent.
Protect Yourself From a Vandalism Charge
The best thing you can do to protect yourself from a vandalism charge is to hire legal representation. A Lakewood vandalism attorney can help build your defense and represent your interests in court.
Our attorneys at Simmrin Law Group are available to help if you have been arrested for vandalism. Call us today or fill out our online contact form to learn more about how we can help with the charges you face.
Our vandalism lawyers will put you first and provide aggressive representation as you navigate the legal system.
Call or text (310) 896-2723 or complete a Free Case Evaluation form