| Defenses for Penal Code 594: Vandalism | | | | angry that the new cabinets were not installed and |
| Vandalism is against the law and is defined by the | | | | claim vandalism, but if it can be proven that he or she |
| destruction of property belonging to another person, | | | | told the tenant to tear out the cabinets, there is no |
| with malice. Malice simply means the intent to | | | | crime. |
| damage the property to annoy or hurt another | | | | Another defense includes lack of malice, where the |
| person. One example might be if a man and woman | | | | individual did not destruct the property with the intent to |
| break up and the woman shreds the man’s clothing | | | | hurt or annoy the owner of the belongings. In cases |
| before giving it back to him. She has destroyed his | | | | where it was necessity or no damage occurred, the |
| property on purpose, with the intent of causing him pain | | | | individual can use these facts as defenses as well. |
| or annoyance. | | | | For instance, if the destruction of property happened |
| Vandalism is a common charge, and the accused | | | | because of a life or death situation, and it can be |
| could face up to three years in prison and fines | | | | proven, it is likely that the charges would be dropped. |
| depending upon how serious the crime. This is often | | | | An example might be if during a natural disaster, an |
| determined by the value of the items that were | | | | individual kicked in the door of a storage unit or vacant |
| damaged, and in most places if the value is more than | | | | home to take shelter. Also, if no damage occurred and |
| $400, the crime is considered a felony rather than a | | | | there is no value to attach to the destruction, this might |
| misdemeanor. Misdemeanor vandalism usually brings | | | | be a working defense as well. |
| a possible prison charge of up to one year. Individuals | | | | Other defenses include self-defense, accidents, |
| accused of vandalism should speak to an attorney | | | | ownership of the property or the failure by the police |
| right away, as there are several possible defenses | | | | to give Miranda warnings. Often times the police |
| that could be used. | | | | make serious mistakes that can cause the accused to |
| Possible Defenses for Vandalism | | | | have a rock-solid defense against the crime of |
| If consent for destruction was given by the owner, the | | | | vandalism, such as the failure to give Miranda warnings |
| individual charged has not committed a crime, but this | | | | at the time of the arrest. These are often details that |
| must be proven to the court. An example might be if | | | | the attorney of the accused will learn as he or she |
| a tenant received permission to tear out the cabinets | | | | begins to gather details of the case. Individuals who |
| of the home he was renting in order to have new | | | | are accused of vandalism should contact an attorney |
| ones installed, but ended up moving out before the | | | | right away to protect their interests, and to begin |
| new ones were installed. The landlord may become | | | | planning a defense against the charges. |