Legal Question in Personal Injury in California

From the Shouse law firm web site:

1. The Legal Definition of Vandalism in California

In order to convict you of vandalism under Penal Code 594 PC, the prosecutor must prove the following facts (otherwise known as "elements of the crime"):

1.that you "defaced with graffiti or other inscribed material", damaged, or destroyed another person�s property,

2.that you did so maliciously, and

3.that the amount of the defacement, damage, or destruction was either (a) less than $400 in a misdemeanor prosecution, or (b) $400 or more in a felony prosecution.3

Let�s take a closer look at some of these terms to gain a better understanding of their legal definitions.

Defaced with graffiti or other inscribed material

"Graffiti or other inscribed material" refers to "any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn or painted on real or personal property."4

"Real" property includes land and anything attached to it (a building, a home, etc.). "Personal" property is anything else (the furniture inside your house, your car, etc.)

There is no requirement that the "defacement with graffiti or other inscribed material" be permanent.5

Example: Mike uses a marker to write his initials on the glass window of the projection booth at a movie theater. Even though the initials may be easily removed by cleaning the glass, he has still written on someone else�s property. Given these facts, Mike is guilty of defacing property with graffiti or other inscribed materials in violation of Penal Code 594, California�s vandalism law.6

Another person�s property

Although this phrase may seem obvious, there are actually a couple of issues that warrant discussion.

First, if the alleged vandalism appears on "public" property (whether real or personal), the judge/jury is allowed to presume that you neither owned the property nor had permission to deface, damage, or destroy it.7

Second, PC 594 also applies to property that you own jointly with another person. This means that a husband or wife can be convicted of vandalizing his/her own property if the defaced, damaged, or destroyed property belongs to both of them.8

Because of this, vandalism charges are closely connected to California domestic violence laws, since property is frequently damaged during domestic disputes.

Example: During an argument with her husband Tom, Sue throws one of their vases at Tom, injuring him and shattering the vase. Given these facts, prosecutors could charge Sue with California Penal Code 273.5 PC spousal battery and 594 PC vandalism.

Maliciously

If you act "maliciously" it means that you (1) wish to annoy or injure another person, or (2) intentionally commit a wrongful act.9 If you don�t maliciously deface, damage, or destroy another person�s property...but only accidentally do so...you aren�t guilty of vandalism.

So if you can convince the DA that you had no malicious intent, and point out to him ;your clean record, you already spent two days in jail, you will lose the bail bond money--so you have aleady paid more than you probably would on conviction so justice has been indredtly serrved and why spend you valuable time prosecuting a case where you do not get any harsher punishment then has already occurred. You show ask that the case be dilsmissed and the arrest expunged on a finding of no probable cause for a reasonable belief the elements of the crime were committed [no facts to support the charges].

The problem will be getting to talk to the right DA. In many counties files are just handed off, often no sooner than the night before, to the attorney who is to appear in that courtroom that day. They have not read the the file. I would wrilte a letter describing exactly what happened, apologizing for doing somethilng stupid, that you have learned your lesson, that the damage to the door was accidental, opening a door that has not been taken care of for 15 years, would take only a little effort to cause some damage to it, the actual value of an unused, unmaintained door would be less that $400, etc. Get documents supporting as many points as you can--estimate from a door repair company, declaration from anyone who knew before or after why you were going there, including your buddy who came along without his revealing he was there so he is not arrested.

Try to get in touch with the DA who has the file, but if that does not work, show up early at the arraignment hearing in a suit, find out from the courtroom cleark whilch DA will be handlilng the case and what they look like, appraoch the DA as soon as possible handing them a copy of what you submitted and ask that the case be dismissed with a finding of lack of factual evidence so there will be no record of the incident. Point out that you did not commit the crime you are charged with [are guilty of trepass].

Good luck.