How to Beat a Vandalism Charge

September 27, 2024
Bea Farris
A gavel and sound block rest on a wooden desk, symbolizing justice and the law, while a lawyer works in the background.

Wondering how to beat a vandalism charge in Burbank? Consider hiring experienced criminal defense lawyers who can help you navigate your case.

Criminal mischief charges such as vandalism carry severe penalties and can tarnish your record. However, with the right defense strategy, you can potentially get your charges reduced or even dismissed.

At Farris Law Firm, we want to provide all alleged offenders with comprehensive and compassionate legal support that helps them through the challenges of the California court system.

We can explain the weight of vandalism charges, how to challenge them, and the power of our experienced Burbank criminal defense lawyers.

How Do You Get Charged With Vandalism?

Vandalism is defined as the act of intentionally destroying, damaging, or defacing someone else’s property without their consent.

In Burbank, California Penal Code 594 considers vandalism a form of criminal mischief.

Vandalism charges in Burbank can stem from:

  • Graffiti: Defacing or drawing on public or private property without permission.
  • Property damage: Intentionally damaging someone else’s belongings, including buildings, vehicles, and personal property.
  • Breaking windows or doors: Deliberately breaking glass windows or doors of a building or vehicle.
  • Tagging: Drawing graffiti with spray paint on any surface without the owner’s consent.

The severity of your vandalism charge will depend on the extent of the damage and whether it was intentional.

In California, criminal mischief related to vandalism is considered a misdemeanor offense if the damage is less than $400.

However, if the damage exceeds $400, you can face a felony offense that carries more severe penalties.

What Defense Strategies Can A Lawyer Use to Help Beat a Vandalism Charge?

A faceless, unrecognizable male client is seated at a table, signing a paper contract while making an agreement with a lawyer. A wooden gavel is positioned prominently on the office desk, symbolizing legal authority and justice.

The nature of the vandalism charge will determine the best defense strategy to use in a case.

Our firm may use one or more of the following to help you beat a vandalism charge in Burbank:

  • Absence of Intent: This defense argues that the accused did not intentionally commit vandalism. The lack of intent can undermine the prosecution’s case, as it must prove willfulness to secure a vandalism conviction.
  • Wrong Person: This defense asserts that the accused was simply present at the scene or with the actual perpetrator but did not partake in the vandalism. Establishing an alibi or presenting evidence that implicates another individual can help demonstrate that the accused is not the responsible party.
  • Unfounded Accusation: The defense focuses on the idea that the accused has been wrongfully implicated. This might involve showing that the accusations lack credibility or are based on faulty assumptions, potentially leading to the dismissal of charges.
  • Harm to Personal Property: This defense applies when the accused has damaged their own property or property they are legally allowed to alter, even if it’s located on someone else’s land. Proving ownership or the right to modify the property can invalidate the vandalism charge.
  • Permission from Owner: If the property owner consented to the alterations, this defense can effectively negate the vandalism charge. Demonstrating this agreement, whether verbal or written, can provide a solid defense against the allegations.
  • Unintentional Damage: This defense applies when the damage was accidental. By showing that the incident was not deliberate, the defense can argue that it does not meet the criteria for vandalism, which requires intentionality.
  • Lack of Sufficient Proof: This defense challenges the adequacy of the prosecution’s evidence. If insufficient proof substantiates the allegation, the defense can argue for the charges to be dropped or reduced.
  • No Previous Vandalism Record: The defense can highlight the accused’s clean record as a mitigating factor. This strategy might help negotiate lesser penalties, as it suggests that the accused is not a habitual offender and deserves leniency.
  • Questioning Witness Credibility: Lawyers can scrutinize the reliability and consistency of witnesses’ statements, potentially uncovering biases or inconsistencies that could weaken their testimonies.
  • Challenging Evidence Legality: It is crucial to examine how evidence was collected. Any breach of legal procedures, such as improper search and seizure, could result in the court excluding evidence from the case.
  • Negotiating Plea Deals: Negotiating with the prosecution might secure a plea deal that reduces charges or penalties, especially if the prosecution presents underwhelming evidence against the defendant.
  • Highlighting Procedural Errors: Identifying mistakes in the legal process, such as errors in the charging documents or mishandling of evidence, can result in the court dismissing charges or reducing their severity.
  • Emphasizing Defendant’s Character: Presenting character witnesses or evidence of the defendant’s positive contributions to the community can portray them as responsible and law-abiding, potentially influencing sentencing or jury perceptions.
  • Arguing Selective Prosecution: If applicable, a lawyer could argue that the prosecution unfairly targeted the defendant by comparing them to others similarly situated, suggesting a violation of equal protection rights.
  • Demonstrating Lack of Knowledge or Intent: Proving that the defendant lacked awareness or intent to commit vandalism might negate the element of willfulness required for a conviction.
  • Presenting Alibi Evidence: Providing proof that the defendant was elsewhere when the vandalism occurred can directly challenge the prosecution’s timeline or assertion of the defendant’s involvement.

As you can see, multiple avenues exist to beat a vandalism charge. With the help of an experienced criminal defense lawyer from Farris Law Firm, your defense can stand up against the prosecution’s narrative.

What Are the Penalties for Vandalism Charges in California?

Back view of a young Caucasian man standing against a graffiti-covered brick wall in a gritty urban setting, wearing brass knuckles on his hand. The scene conveys a sense of aggression and criminal intensity.

The penalties for vandalism charges in California can vary depending on the severity of the offense and the defendant’s criminal history.

Misdemeanor vandalism charges can result in up to one year in county jail and a fine of up to $1,000.

Felony vandalism charges carry more severe penalties, including prison time and higher fines.

In addition to jail time and fines, those convicted of vandalism may also be ordered to pay restitution to the victim for any damages caused. This could include repairing or replacing damaged property or cleaning up graffiti.

Other potential consequences of a vandalism conviction may include:

  • Probation
  • Community service
  • Mandatory counseling or education programs
  • Difficulty finding employment, as vandalism charges can appear on background checks

Just because you have been charged with vandalism doesn’t mean you will automatically face the maximum penalties.

With a strong defense strategy and experienced legal representation, it is possible to have charges reduced or even dismissed altogether.

Beat Vandalism Charges With the Help of an Experienced Criminal Defense Lawyer From Farris Law Firm

Criminal law establishes the rules for prosecution, defense, trial, and punishment of individuals or entities accused of violating laws.

Vandalism charges don’t automatically make you guilty. Hire an experienced criminal defense lawyer who can fight for your rights and protect your future.

At Farris Law Firm, we have extensive experience defending clients against vandalism charges in California. Our team will work tirelessly to build a strong defense and help you achieve the best possible outcome for your case.

Contact our private criminal defense firm online or at (818) 861-0861 to speak with our legal team about how to beat a vandalism charge in Burbank.