Legal Question in Criminal Law in Massachusetts

Graffiti charge

First of all a conviction can result in a loss of license for two years since you are under 21. A conviction may also impact your ability to apply for some loans.

You should consult with an attorney on or before your arraignment or before your next court appearance. THis attorney can review the merits of the case and advise you specifically.

I am experienced in criminal defense work and you can contact me for assistance.

The statute is noted below:

ALM GL ch. 266, � 126B (2007)

� 126B. Public or Personal Property; Penalty for Tagging.

Whoever sprays or applies paint or places a sticker upon a building, wall, fence, sign, tablet, gravestone, monument or other object or thing on a public way or adjoined to it, or in public view, or on private property, such person known or commonly known as "taggers" and such conduct or activity known or commonly known as "tagging", or other words or phrases associated to such persons, conduct or activity, and either as an individual or in a group, joins together with said group, with the intent to deface, mar, damage, mark or destroy such property, shall be punished by imprisonment in a house of correction for not more than two years or by a fine of not less than fifteen hundred dollars or not more than three times the value of such damage to the property so defaced, marked, marred, damaged or destroyed, whichever is greater, or both fine and imprisonment and shall also be required to pay for the removal or obliteration of such "tagging" or to obliterate such "tagging"; provided, however that when a fine is levied pursuant to the value of the property marred, defaced, marked, damaged or destroyed or where the cost of removal or obliteration is assessed the court shall, after conviction, conduct an evidentiary hearing to ascertain the value of the property so defaced, marked, marred, damaged or destroyed or to ascertain the cost of the removal or obliteration. A police officer may arrest any person for commission of the offenses prohibited by this section without a warrant if said police officer has probable cause to believe that said person has committed the offenses prohibited by this section.

Upon conviction for said offense the individual's drivers license shall be suspended for one year. If the individual convicted of defacing or vandalizing the real or personal property of another is under the age of sixteen then one year shall be added to the minimum age eligibility for driving.

Re: Graffiti charge

Hire a good lawyer who knows the criminal arena!

Re: Graffiti charge

It depends on the facts of the case, the strength of the evidence against you and the nature and extent of your prior criminal history (if any). Given the stakes you face, I recommend you retain counsel.

Contact me to schedule a free consultation in my downtown Boston office, which is steps from the T, and close by the courthouse where your case is probably pending.

Re: Graffiti charge

First, the offense you describe is not a felony in Massachusetts, it is a misdemeanor. In any event, take the advice of the other two attorneys and consult with counsel BEFORE your arraignment.