San Diego Attorneys Defending Against Domestic Violence And Vandalism Charges
Domestic violence charges can result in jail time, fines, removal from your home, the loss of your children, and permanent damage to your reputation. As if that is not severe enough, prosecutors love to tack on additional charges in domestic violence cases in an effort to increase their leverage for obtaining a guilty plea.
Vandalism in the context of domestic violence is usually charged as a result of actions such as:
- 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.
Now is the time to be proactive about your defense and limit your exposure to harsh criminal penalties and other consequences. Contact us today for a free consultation with an experienced criminal defense attorney.
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.
Can You Be Charged With Domestic Violence Vandalism For Damaging Your Own Property?
Most people associate the idea of “vandalism” with the destruction of someone else’s property – not when they damage or destroy something of their own. However, there are times when you can be charged with vandalism as a part of domestic violence – all depending upon the circumstances surrounding an incident and ownership rights to the property in question.
When you are the sole owner of a piece of property – meaning that nobody else has a legal claim to it – you will generally not be charged with vandalism if you damage or destroy it. The law recognizes that you have the right to do what you please with the things that you own, so long as you do not create a public danger.
However, things become much more complicated when you’re married. Even if you believe an item belongs solely to you – because you bought it, your name is the only one on the title or you are the only person who uses it – an object can still be considered joint marital property. Damaging or destroying that property can be considered an act of both domestic violence and vandalism.
For example, imagine that, during a fight with your spouse, you destroy a television that you purchased. Because that television is part of your marital assets, you could be charged with vandalism. In addition, if you threw the television in anger and your spouse was in the vicinity, that could be considered an act of domestic violence due to threatening behavior (even if your spouse was not injured).
Whether or not you would face domestic violence vandalism charges for damaging your own property is a complicated legal matter – and you need an experienced attorney representation if you are currently facing charges or are under investigation for this offense.
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.
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.
