Tuesday, September 2, 2014

PC 594(a) Vandalism Law & Defense Criminal Defense Attorney California

California Penal Code Section 594(a) Vandalism Law & Criminal Defense

The law on the crime of vandalism is found at California penal code 594(a). In order for the District Attorney to prove that the defendant committed vandalism under PC 594(a) he must prove that the defendant maliciously (intentionally) destroyed or damaged the land or personal property of another person.

Vandalism Under PC 594(a) may be charged as a misdemeanor or as a felony in California.  The two most important factors in deciding whether vandalism should be charged as a misdemeanor or as a felony are 1) the defendant's criminal history and 2) the amount of damage or destroyed property caused by the defendant's vandalism. Vandalism with property damage under $400 is almost always charged as a misdemeanor.

Under PC 594(a), a misdemeanor vandalism charge carries up to a 1 year jail term and a felony vandalism charge carries up to a 3 year jail term.

In addition to any possible jail commitment, if the defendant is found guilty of vandalism under PC 594(a), he or she will be made to pay restitution to the victim. The defendant may also be placed on probation, fined, suffer lost professional or occupational licensing, suffer lost immigration status (for non-U.S. citizens), and more.

Defenses to vandalism charges under PC 594(a) include insufficient evidence to prove either the crime occurred or the value of the damaged or destroyed property. Also, the statue of limitations (time that the District Attorney must file the vandalism charges before the judge will dismiss the case as untimely filed) is 1 year for misdemeanor vandalism charge and 3 years for felony vandalism charges.

If you or a loved one is charged with vandalism under PC 594(a), contact criminal defense attorney Christopher Dorado today. Attorney Dorado dedicates 100% of his practice to criminal defense and initial consultations are provided at no cost to the defendant. Attorney Dorado will inform you of your Rights, defense options, and the law behind vandalism charged under PC 594(a). Call today for a free consultation. 909.913.3138

Closely associated crimes to vandalism under PC 594(a) include:

PC 594(b)(1) Vandalism; PC 594(b)(2)(A) Vandalism; PC 594((b)(2)(B) Vandalism with prior; PC 594.1(b) Purchase aerosol container of paint by minor; PC 594.1(d) Carrying of aerosol paint container without authorization; PC 594.2 Possession of graffiti tools; PC 594.3 Vandalism of a place of worship or cemetery; PC 594.7 Vandalism with prior

To learn more about criminal defense in California, please visit criminal defense, sex crimes defense, or DUI defense. Thank you.

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