Criminal Attorneys representing clients on all Vandalism Cases in San Diego
California Penal Code 594 is the code that encompasses all of the vandalism charges in California. This charge is a “wobbler” which means it can be charged as either a felony or a misdemeanor and in most cases how to charge it is determined by the amount. A vandalism case where the damage is over $400 is generally charged as a felony. To be convicted of Vandalism one has to:
Maliciously deface property with inscribed material like graffiti, or damage the property of another.
Vandalism Lawyer in San Diego
You were the owner of the property – Often times, there is a complaint made against someone but they themselves are the owner of the property. This often comes up in domestic situations. Lets say for example a man comes home and is arguing with his wife, he gets so mad he takes her phone and he smashes it. In a situation like this, if she calls the police, he will likely be charged with vandalism. However, often it is the man who bought the phone for his wife, he pays the bills, and he is the possessory owner of the phone. This type of defense can be argued and if done by a skilled San Diego criminal defense attorney there is a good chance that the case could be reduced or dismissed.
San Diego Vandalism Defenses
There are not always witnesses to the vandalism – It is common for the DA to charge someone just because someone else said they did it, but that is not always the case. At Ozols Law Firm we often see scenarios where someone is in a relationship, they get in a fight and then that person’s car is later vandalized. Now the district attorney says that it is “obvious” who did it, but it is clear to a criminal defense lawyer that it is not obvious at all who did it. Someone who is charged with a crime is innocent until proven guilty, and it is the prosecutor’s burden to prove his or her guilt beyond a reasonable doubt.
Experienced Vandalism Defense Attorneys
It is the job of a defense attorney to give that doubt. It is easy enough to show a jury that this individual had other friends who didn’t like them, that they had other enemies, or that they left their car in a high crime area. Just because it seems like the defendant is the likely suspect, it is not always the case that it can be proven at trial.
Remember, you don’t want to get into this situation alone. Call an attorney for a free consultation and realize how they can help you get the result that you deserve.