Sacramento Vandalism Defense Lawyer
Vandalism is the act of destroying personal or public property to different degrees. Vandalism can cause great damage to property owners and is therefore considered a crime in California. If you have been accused of vandalism, you may want to consider hiring any of our Sacramento defense attorneys to help you with your case.
At The Ward Firm, our team of Sacramento vandalism defense attorneys has the knowledge and experience you need to fight back against vandalism charges. Our team recognizes that each case is unique and that the circumstances are not always what they appear to be. With our help, you can build a defense that not only protects your rights but also builds a defense that works for you. No matter how severe the charges are, our team can help.
What Are Different Forms of Vandalism?
When people think of vandalism, they may immediately turn their attention toward works of graffiti or of trashing property; however, vandalism encompasses more than this. Vandalism is the malicious and intentional destruction, defacing, damaging, injuring, or disfiguring of property without the owner’s permission, in addition to a range of behaviors. Some examples of vandalism include:
- Slashing auto tires
- Tipping over a public statue
- Defacing library books
- Turning over gravestones
- Drawing obscene or provocative pictures on restroom stalls
- Smashing windows
- Destroying school or employment records
All these acts involve destroying the property owned by someone else, and because of its nature, is assumed to be done without the owner’s permission. Vandalism can also occur by covering an item with filth or grime, tearing, breaking, cutting, or smashing amongst other methods.
The most important aspect of vandalism is that it must be done with malicious intent. If someone accidentally destroys or damages property, it is not considered vandalism. Further, sometimes graffiti is a form of art, so it isn’t always considered vandalism. However, if a person maliciously defaces property with graffiti or another material, it is considered vandalism.
What Are the Penalties for Vandalism in California?
Vandalism can be treated as a misdemeanor or a felony, and the main penalties for vandalism are serving jail time, being fined, or a combination of both. The penalties for vandalism depend upon the value of the item that was destroyed. Here is a breakdown of how the penalty for vandalism is determined:
- If the amount of vandalism is greater than or equal to $400, the punishment is imprisonment in a county jail for a year or less or a fine of $10,000 or less. This form of vandalism is considered a misdemeanor.
- If the amount of the vandalism is $10,000 or greater, the punishment is a fine of $50,000 or more and/or imprisonment. This form of vandalism is considered a felony, and prison time can be up to three years in state prison.
- For vandalism amounts less than $400, the punishment is less than a year in jail, a fine of $1,000 or less, or by both fine and imprisonment. If the amount is less than $400, but the person is a repeat offender, the punishment may increase.
It is important to understand that these punishments are at the discretion of the court, so hiring an experienced and knowledgeable lawyer can help you negotiate jail time and fines.
What Are Other Consequences of Vandalism?
Because anyone can be accused of vandalizing property, the consequences can be applicable to both adults and minors. For instance, if a person vandalizes property with graffiti, in addition to the penalties, they may be ordered to clean up, repair, or replace the damaged property by themselves. If the person is a minor, the parent may have to take part in the cleanup.
Many times, it is minors who are accused of vandalism involving graffiti. Therefore, parents will have to take responsibility as well. Therefore, parents may be responsible for paying fines if the minor is unable.
If the parent is a single parent and must take care of other children, they may be exempt from having to clean up the property. Additionally, if the parent or parents can prove hardship, they may not have to pay any fines if the minor is unable to.
Other consequences include the defendant having to perform community service, receive counseling, or have their license revoked. These consequences can include paying fines or serving jail time.
What Is a Strong Defense for Being Accused of Vandalism?
Sometimes, you don’t know if you have vandalized property or you were wrongly accused. In this case, hiring a lawyer will help you defend yourself. Common defense strategies for vandalism include:
- Being wrongly accused. Under this defense, you simply did not commit vandalism. Either the property was destroyed by someone else, or no damage was done in the first place.
- Mistaken identity. The perpetrator was someone else, and you were mistaken for them.
- No malicious intent. You did not intend to destroy, deface, or damage the property and/or did not know the extent of the damage to be caused.
- You were given permission for your actions. The owner knew your intentions.
- Accidental damage. Any damage caused was by accident and unintentional.
- Not the owner’s property. The property was not actually owned by the person who accused you. In this case, they may not be able to prosecute you for any damage caused.
- Lack of evidence. There was not sufficient evidence to prove vandalism.
If you fit into any of these categories, you may be able to evade prison time, pay fines, or both. The penalties for vandalism can be very disruptive, so you want to ensure your lawyer can defend you properly and you avoid these charges.
What Happens if I Am Arrested for Vandalism?
If you are arrested for vandalism, you should hire an arrest lawyer. An arrest lawyer will inform you of your rights, prove your innocence if you believe your actions were not vandalism, or negotiate your charges. Getting arrested can be devastating and disruptive, so hiring a lawyer can help you get back to normal.
Though representing yourself is possible, it is better to have someone on your side who is knowledgeable about the law, specifically about the law surrounding vandalism charges. It is better to pay a lawyer to defend you than to pay hefty fines or serve jail time that keeps you away from your loved ones.
Sacramento Vandalism Defense Attorneys | Arrest Lawyer
At The Ward Firm, we have a proven history of providing a strong legal defense for our clients. Whether you are charged with misdemeanor or felony vandalism in Sacramento, we can help you with your case. Do not hesitate to contact The Ward Firm today if you have been arrested for a pain-free consultation.
Schedule a Free Consultation
At your free initial consultation, you will meet directly with Justin, and he will explain how he can best help you with your case. If you decide to work with us, we will immediately get started on creating a strategy that protects your interests.
To get more information, call our office at 916-443-2474 or send us an email using our contact form. We are available by phone 24 hours a day. Se habla español.