Domestic Violence And The Vandalism Charge

Orange County criminal defense lawyers

It is very common in Domestic Violence cases for a charge of vandalism to be included among domestic violence charges such as Domestic Battery (penal code 243(e)(1) and Corporal Injury (penal code 273.5). This is because in many domestic violence cases property gets thrown or otherwise destroyed. Most Domestic Violence Attorneys in Orange County  are familiar not only with the domestic violence laws but also with the myriad of vandalism statutes.

California Penal Code section 594 makes it a crime to maliciously deface, damage or destroy the real or personal property of another. So, for example, if Don gets into an argument with his wife Vicky, pushes Vicky, and then drops Vicky’s favorite vase on the ground, breaking it to pieces, Don will likely face charges for domestic battery as well as for vandalism under penal code section 594. However, there are some defenses to a vandalism charge that a skilled criminal defense lawyer in Orange County can use to get the charge reduced or dismissed.

To convict you of vandalism, the District Attorney must prove that you acted maliciously. If the destruction of the property was accidental, that is a defense. So, in the example above, if Don accidently dropped the vase, then Don cannot be convicted of vandalism. This exemplifies why it is so important to talk to your Orange County Domestic Violence Lawyer before giving any statement to the police. A domestic violence arrest is NOT a conviction. But when the person arrested gives incriminating statements to the police, a conviction usually follows the domestic violence arrest.

Property that belongs to both the defendant and the victim is also subject to the vandalism statute. So, for example, if instead of breaking Vicky’s favorite vase, Don punched a hole through the wall of their home, Don will face vandalism charges even though he is part owner of the property he allegedly vandalized. Moreover, there is no requirement that the damage to the property be permanent. Defacing property means putting any kind of mark on it—whether permanent or not. How badly something is defaced or damaged will only decide how the act of vandalism is punished.

If the amount of damage, defacement or destruction is $400.00 or more, vandalism is a “wobbler” meaning it can be charged as either a felony or a misdemeanor. Felony vandalism is punishable by up to three years in the STATE PRISON. Otherwise, the vandalism is a misdemeanor punishable by up to one year in Orange County jail . When a wobbler is charged, it is up to the DA and the court to determine whether to charge it as a felony or a misdemeanor. This may, in turn, depend on how convincing your Domestic Violence Attorney in Orange County is.

If you face charges for domestic violence, Criminal Threats,vandalism, or any other crime, call The Law Offices Of EJ Stopyro at (949) 559-5500 today for a free and confidential consultation with an experienced criminal defense attorney in Orange County. You can also visit our website at www.EJEsquire.com. Our offices are located at: 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675.