Legal Question in Criminal Law in California
malicious mischief
1) does malicious mischief (in California) imply intent ?
example: somebody drives a car on a lawn in a park after rain, and damages some areas of the lawn which were softened by the rain / the person did not intend to damage the lawn and stops driving after realizes what happens
2) what's the most likely outcome of a case like this - if the person is accused of malicios mischief and the repair estimate comes over $400
3) what adice do you give to that person (other than, obviously, not to do this again :-))
2 Answers from Attorneys
Re: malicious mischief
You absolutely need a lawyer, especially if you are being charged with a felony. Only a lawyer who is familiar with all the facts of the case, as well as personal information about you, will know how to approach the situation.
Feel free to contact my office for a non-binding consultation.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: malicious mischief
1)You just have to intend to do the wrongful act (driving on the grass).
2) $400 is the magic number - if the damage is less than $400, it's a misdemeanor. If the damage is $400 or more, it can be charged as a felony or a misdemeanor. Even if charged as a misdemeanor, $400 damage raised the maximum fine from $1,000 to $10,000. Typically the prosecutor will make an offer that involves a fine far less than the maximum. The actual offer made will depend on a number of factors including your record and the facts of the case.
3) Obviously, you must consult with an attorney who has the benefit of reviewing all the facts of your case. Assuming ID is not an issue (that is, the state can prove you did it) your attorney might advise you to make restitution ASAP. Generally speaking you'll be on the hook for the damage you caused, in addition to any other fines or sentence. Taking responsibility early on can often help to secure a much better disposition in court. Again, do NOT do anything until you consult with your attorney.
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