What are Defenses to Vandalism in California?

Under California Penal Code 594, vandalism is defined as maliciously damaging, destroying, or defacing another person’s property. The accusation is a serious one and the consequences you may face depend almost entirely on the dollar value of the alleged damage. The penalties range from a misdemeanor punishable by just a fine to a felony that is punishable by a sentence in a state prison. Below, our San Diego vandalism lawyer outlines the defenses to this offense that can help you retain your freedom.

Lack of Malicious Intent

In many vandalism cases, the element that is most difficult for the prosecution to prove is that there was malice behind your actions. The prosecution must show that you intended to damage someone else’s property. A vandalism lawyer can create reasonable doubt that you intended to damage a property, resulting in a dismissal of your charges. For example, you may damage your friend’s wall while carrying a heavy object as you helped them move. You did not intend to damage the premises and so, you cannot be criminally charged.

Mistaken Identity

Vandalism charges can often be a result of mistaken identity. The footage from security cameras can often be poorly lit and grainy. Eyewitnesses are often standing far away and cannot immediately identify defining features. Or, a witness may have a bias against someone, such as a neighbor they believe often causes trouble. Still, the prosecution must prove beyond a reasonable doubt that it was you who committed the vandalism and not someone else. A lawyer can question the reliability of witnesses, challenge photo lineups, and present evidence of an alibi that confirms you were somewhere else at the time.

Consent of the Owner

If you had permission from the property owner to do what you did, no offense took place. To prove consent you must present strong evidence. This may be in the form of an email, text message, witness testimony, or a contract. For example, the owner of a building may give you permission to paint a mural on one wall. After a dispute over payment arises halfway through the project, the building’s owner accuses you of vandalism. If you had a contract, this can prove you had consent.

Disputing the Amount of Damage 

Again, the severity of vandalism charges depends on the dollar value of the damage. Prosecutors may rely on a single inflated quote without verifying whether it is accurate. A lawyer can challenge the amount of damage to reduce your charges.

Our Vandalism Lawyer in San Diego Can Craft Your Defense

Vandalism may seem like a minor offense, but it is not. At Anthony Z. Vargas, Esq., our San Diego vandalism lawyer can prepare the defense you need to establish reasonable doubt and give you the best chance of beating the charges or getting them reduced. Call us today at 858-859-1224 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=594