can you be charged with vandalism without proof

Get tailored advice and ask your legal questions. If you are charged under Penal Code 640.5 or 640.6 PC, Californias graffiti laws, the potential penalty depends on whether this is your first, second, or third (or subsequent) California graffiti or vandalism conviction. Depending on the severity of the damage, vandalizing property can be classified as a misdemeanor or a felony. This is especially true if a history of hostility exists between you and the complainant. The elements of the crime of California vandalism are: Lets take a closer look at some of these terms to gain a better understanding of the legal definition of vandalism in California. This scenario is most likely to occur in connection with domestic disputes when one spouse or partner, during a fight with the other, damages property they both own. Why I should worry? Vandals commit offenses such as replacing signs, repairing playground equipment, painting over graffiti, and reporting them to the appropriate authorities. Its important to note that you dont have to be caught in the act to be charged with vandalism. If you're facing vandalism charges, you should consider contacting a qualified criminal defense attorney near youto discuss your case and to protect your rights. Minors make up a large percentage of people arrested for vandalism. about FindLaws newsletters, including our terms of use and privacy policy. Vandalism can also cover such offenses as: While vandalism involves damaging property, it is not always the same as the crime of "destruction of property" or "damage to property." See Penal Code 460 PC; Penal Code 461 PC. The reason is that these acts deface the property, lowering its market value. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Visit our attorney directory to find a lawyer near you who can help. You may face a first-degree vandalism charge if you deliberately damage or destroy someone elses property. As you may have picked up, it's highly unlikely that vandalism is done unintentionally, and as such, this defense rarely works. Many vandalism, CA Penal Code 594 PC charges are filed against victims of mistaken identity. Arson - PC 451. Because he wants her to feel some of the humiliation he now feels, he spray-paints the word Whore on the outside wall of the house they own together. 'Property' is anything that can be 'owned' by a person, including living things, such as pets. The scheme of penalties, punishment, and sentencing for California vandalism is surprisingly complicated. Vandalism is a type of malicious destruction of property in Michigan. 2.1. Contact a qualified criminal lawyer to make sure your rights are protected. "Breaking," or using force in order to gain entry, may constitute vandalism if the property is damaged. Similarly, someone may falsely accuse another person of vandalism in order to cover up his/her own criminal culpability. The lawyer can assemble sufficient evidence and develop an effective defense strategy to fight those charges. See also Penal Code 594.6 PC Vandalism or affixing graffiti, endnote 17, above. Vandalism laws are designed to prohibit conduct that has the potential to cost states millions of dollars each year in clean-up efforts, and may cause psychological or emotional damage to property owners as well. Vandalism means intentional behavior destroying or defacing property belonging to another.

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