Defending Against Domestic Violence & Vandalism Charges
- Breaking the property of a significant other
- Breaking a door or window
- Damaging a cellphone, laptop or another device
Something as simple as slamming a door during a heated argument can result in vandalism charges if the police are called to respond to a domestic disturbance. It is crucial to proactively start your defense so you can avoid criminal charges or have charges dismissed before a trial. The first step is seeking the advice and representation of a proven criminal defense lawyer.
A Former Prosecutor Protecting Your Rights
At Premier Domestic Violence Law Group, in San Diego, we are led by a former senior criminal prosecutor who has handled domestic violence, vandalism, and other related charges from both sides of the legal system. You can rely on us to keep your defense one move ahead of the prosecution in the criminal justice chess game. We have extensive experience protecting the rights of the accused, including those who face multiple charges beyond domestic violence.
Vandalism – Penal Code 594
Over the last 30 years, consequences of Domestic Violence charges have become more severe as the government and politicians try to prove that they are “tough on crime.” Being charged with a Domestic Violence offense can be extremely embarrassing and frustrating. In most cases, the police conduct inadequate investigations and are quick to label someone the “victim” and “defendant”. This is especially true with someone facing PC 594 Vandalism charges. The system can be easily manipulated by someone with an agenda who wants revenge against his or her partner. This desire for revenge usually stems from an outstanding family court matter, divorce, child custody dispute, or simply recently discovered infidelity.
The courts are full of men and women who were accused and charged with Domestic Violence offenses, and either pled to something they did not do or went to trial and were wrongly convicted because they were set up. Your side of the story needs to be heard. The Premier Domestic Violence Law Group is an experienced law firm in exactly these kind of cases. We know the courts, the court system, and the prosecutors. Contact the Premier Domestic Violence Law Group at 619-752-3702.
Elements of Penal Code 594 Vandalism
It is a crime to maliciously deface or destroy another person’s property. Specifically, Penal Code 594 defines the crime of vandalism as any of the following acts:
- Acted maliciously;
- Damaged/or destroyed property; and
- The property did not belong to you.
Malicious Intent: Your conduct will be considered malicious if you intentionally did a wrongful act and/or had the intent to annoy or injure another person. Another Person’s Property: You cannot be convicted of vandalism if the property you defaced/destroyed/damaged is your own or if you had the permission of the property’s owner.
Vandalism can be both a Felony or Misdemeanor
The penalties for 594 PC charges generally depend on the dollar value of the property damage that was incurred.
If the damage is worth four hundred dollars ($400) or more, vandalism is a “wobbler”, which means the charge can be filed as a misdemeanor or a felony. The penalties for felony vandalism can be up to three years in prison.
If the damage is worth less than four hundred dollars ($400), vandalism is still punishable by misdemeanor penalties of up to one year in county jail.
In many cases, the damage is a device, such as a smartphone. If someone breaks another person iPhone 11, they may find themselves charged with a felony. The amount of damage is one area (amongst many) that need to be examined. The Premier Domestic Violence Law Group is an experienced law firm in exactly these kind of cases. We know the courts, the court system, and the prosecutors.
Defending Charges Of Vandalism
When arguments are persuasive, the prosecution will have a difficult time proving that you are guilty beyond a reasonable doubt. This will help your attorney secure a reduction or dismissal of the charges in your case. Defenses that may be helpful in your vandalism case include:
- False accusation: The best defense is, “I did not do it”, the allegations are a lie;
- Mistaken identity: “I don’t know who broke the item but it was not me”;
- Lack of required malicious intent: This happens quite a bit. Someone may slam a door and something drops and breaks;
- You own the property in question; or
- You had the permission of the property’s owner.
In most cases, the police conduct inadequate investigations and are quick to label someone the “victim” and “defendant”. This is especially true with someone facing PC 594 Vandalism charges. The system can be easily manipulated by someone with an agenda who wants revenge against his or her partner. The Premier Domestic Violence Law Group is an experienced law firm in exactly these kind of cases. We know the courts, the court system, and the prosecutors. Call 619-752-3702.
