what type of attorney is needed when some vandalized

What is an example of vandalism in law?

Jul 12, 2018 · Vandalism is a form of property crime that involves damaging or destroying the property of another. Vandalism is usually done willfully. Examples of vandalism include: Graffiti: any writing, drawing or symbol applied to any surface without the owners consent. Tagging: writing the person’s name or gang affiliation on someone else’s property.

What should I do if I am accused of vandalism?

If you’re facing vandalism or graffiti charges, you should seek the services of an experienced criminal defense lawyer. Regardless of age or whether the charge you are facing is classified as a felony or misdemeanor, a conviction could mean a serious fine, probation, jail or detention time, and a mark on your criminal record.

What kind of lawyer do I need for a criminal case?

Property Damage Lawyer. Your Insurance Attorney in Miami Dade County is a leading property damage lawyer in the area. Allow us to go over your situation with you and help make a plan to ensure you get the most coverage from your vandalism claim. …

Should I file charges for vandalism?

Nov 13, 2013 · In some jurisdictions, someone who commits multiple acts of vandalism may receive a higher sentence, so it is important to file charges even if you do not believe a vandal will be caught. After filing a police report, the government will decide whether or not to file criminal charges against the person, which may lead to a trial.

What is the law against vandalism?

Depending on the specific state and value of the property damage, violation of vandalism laws is either a misdemeanor or felony offense. Penalties typically include fines, imprisonment in county jail, or both. ... Crimes they may be related to vandalism include burglary, criminal trespass, or disturbing the peace.Apr 5, 2019

Is vandalism a felony or misdemeanor?

Most acts of vandalism are misdemeanors, but those resulting in serious damage in monetary terms are felonies. Damages less than $400 result in the filing of a misdemeanor. The crime is felony vandalism if the value of damages is more than $400.May 7, 2021

What are examples of vandalism?

Vandalism includes graffiti, trash dumping, light smashing, removing/bending signage or ornamentation, breaking windows, or other defacing of property. Graffiti is a pervasive type of vandalism experienced by retailers and commercial property owners.

What are the two types of attorneys What is their role in court?

What are the types of criminal lawyers? There are two main types of criminal lawyers: prosecuting attorneys (also referred to as district attorneys), and defense lawyers. Prosecuting attorneys represent the government against which an alleged crime was committed, whether on the local, state, or federal level.

Is vandalism considered violence?

Vandalism as a Domestic Violence Offense Cates decision, the California Court of Appeals held that a vandalism conviction where the victim is a person listed in California Family Code Section 6211 FC would be considered a crime of domestic violence and would subject the defendant to mandatory sentencing conditions.

What are the three forms of vandalism?

Three Types of Vandalism in Vacant PropertiesTheft. Theft is one type of vandalism, usually because the thieves are taking things they have to “dig” for, like copper wiring. ... Graffiti and Broken Windows. Cosmetic damage such as broken windows and graffiti are extremely common. ... Broken Pipes.Oct 1, 2013

What are the effects of vandalism?

The effects of vandalism Vandalism can affect people's quality of life because it damages or destroys things that they need or care about. It also: Makes people feel that their lives are less safe than they really are. Can be dangerous – people have died when acts of vandalism got out of control.

Who is mostly affected by vandalism?

Teenage boys and men in their 20s are most likely to vandalize, but older adults and females are also known to sometimes vandalize, with young children occasionally vandalizing, but in a much smaller form, such as making small crayon drawings on walls.

What is the difference between property damage and vandalism?

While vandalism involves damaging property, it is not always the same as the crime of "destruction of property" or "damage to property." These crimes can cover more serious physical damage, though some states use these categories to also cover acts of vandalism.

What is cyber vandalism?

Definition of cyber vandalism : noun A cyber attack without any obvious rational criminal, political, or ideological motive, usually defacement of a vulnerable website to display the hacker's prowess.

What kind of lawyer gets paid the most?

Medical AttorneysMedical Attorneys Medical lawyers are among the highest paid types of lawyers and earn one of the highest median salaries in the legal field.Oct 27, 2021

How much money does a criminal lawyer make?

The median annual wage for all lawyers – criminal and noncriminal – is $118,160 in 2016. Median means that half of all lawyers earned more than the specified salary and half earned less. The lowest-paid 10 percent earned $56,910 per year, and the highest-paid 10 percent earned at least $208,000.

What type of lawyer is most in demand?

The Top 10 Lawyer Types You're Most Likely to NeedCivil Litigation Lawyer (a.k.a. Trial Attorney) ... Criminal Defense Lawyer. ... Defamation Lawyer (a.k.a. Libel and Slander Attorney) ... Business Lawyer (litigation or transactional) ... Family Lawyer (a.k.a. Domestic Relations Attorney; a.k.a. Divorce Lawyer) ... Traffic Lawyer.More items...•Dec 31, 2015

Is vandalism a felony in California?

California Penal Code 594 PC defines the crime of vandalism as maliciously damaging, destroying or defacing another person's property. Vandalism is a misdemeanor if the amount of the damage is less than $400.00. But the charge can be a felony if the amount is $400.00 or greater.

Is egging a house illegal in California?

Vandalism and Egging Vandalism is illegal in the state of California under Penal Code (PC) 594. PC 594 defines vandalism as maliciously defacing, damaging, or destroying another person's property. ... This means that it also covers the act of egging.Jan 8, 2019

Is keying a car a felony in California?

Keying cars is considered vandalism under California Penal Code 594. ... Graffiti is a common example of vandalism. Vandalism is a misdemeanor offense in California but can be charged as a felony under certain circumstances.Feb 9, 2018

What are some examples of vandalism?

Vandalism is a form of property crime that involves damaging or destroying the property of another. Vandalism is usually done willfully. Examples of vandalism include: 1 Graffiti: any writing, drawing or symbol applied to any surface without the owners consent 2 Tagging: writing the person’s name or gang affiliation on someone else’s property 3 Acquisitive vandalism: damage or destruction to obtain money or property, like breaking a vending machine to get the money or the candy 4 Sabotage: damage or destruction of the property to render it unusable, such as slashing car tires, gluing locks, or arson .

What is tagging someone?

Tagging: writing the person’s name or gang affiliation on someone else’s property. Acquisitive vandalism: damage or destruction to obtain money or property, like breaking a vending machine to get the money or the candy.

Is vandalism a felony?

Vandalism can be penalized as either a felony or a misdemeanor, depending on the state, monetary value of the damage, age of the defendant, and other factors, such as gang association . If a person is convicted of vandalism, he or she could be punished with mandatory community service, fines, and/or prison time.

What to do if you are a victim of vandalism?

If you are a victim of vandalism, you should call the police. If there is sufficient evidence, the police will then forward your case to the District Attorney’s office to prosecute the person who committed the vandalism against you.

What Is Vandalism?

Vandalism is the willful damage, defacement or destruction of public or private property. Examples of vandalism may include:

What Is Felony Vandalism?

While in many cases, vandalism is treated as a misdemeanor offense, whether or not an instance of vandalism is treated as a misdemeanor or a felony largely depends on the amount of damage.

What Are Criminal Charges for Vandalism?

The punishment and penalties for vandalism vary from jurisdiction to jurisdiction. Vandalism is punishable by fines, incarceration, being required to replace or repair the damage, or any combination of the three. Vandalism can be classified as a misdemeanor or a felony, depending on the value of the property damaged or destroyed.

What Are the Penalties for Vandalism Charges Concerning Minors?

Minors accused of vandalism face the same charges as adults. However, the accused will be tried within the juvenile justice system, which affords much more flexibility to courts, judges and prosecutors in terms of sentencing.

How Can a Vandalism Attorney Help?

If you’re facing vandalism or graffiti charges, you should seek the services of an experienced criminal defense lawyer. Regardless of age or whether the charge you are facing is classified as a felony or misdemeanor, a conviction could mean a serious fine, probation, jail or detention time, and a mark on your criminal record.

How a Vandalism Attorney Can Help

Any criminal charge is a serious matter, so you may choose to retain legal representation. A criminal defense attorney can assist you in many ways, including:

Types of Claims Explained By A Property Damage Lawyer

When you find yourself in a situation where your home or car have been robbed or vandalized, it is easy to become overwhelmed and extremely stressed. These things usually happen when you aren’t around so when you return to find this type of damage has been done it can be incredibly alarming and unbelievable.

Steps In Reporting Vandalism

Call the police: this is the first thing you want to do when you discover any vandalism has been done. It’s hard to think of anything besides the initial shock, but contacting the police and getting a report filed is the first step you need to complete in getting your insurance claim in.

Property Damage Lawyer

Your Insurance Attorney in Miami Dade County is a leading property damage lawyer in the area. Allow us to go over your situation with you and help make a plan to ensure you get the most coverage from your vandalism claim. Call or visit us today for more information.

What does property insurance cover?

Property insurance pays for financial losses related to the insured property. Many different types of homeowner’s insurance cover vandalism, but you may have to specifically name the vandalized property in the insurance coverage.

What to do if you are a victim of vandalism?

If you are a victim of vandalism, you should call the police. If there is sufficient evidence, the vandal may be prosecuted in criminal court, and you may be able to recover in civil court. In order to determine if you have a claim against a vandal, you should consult a criminal lawyer.

What is vandalism in law?

The term "vandalism" describes conduct that defaces or damages public or private property. State laws and local ordinances that prohibit vandalism might reference terms such as graffiti or criminal or malicious mischief.

What are the elements of vandalism?

Let's look at the different elements of vandalism. Physical damage. Vandalism covers such acts as graffiti , "tagging," carving, etching, and other forms of damage that, though often permanent, are not so serious that they destroy the property or prevent it from functioning properly.

How much can you get for a felony?

Many states categorize damage to property worth less than $1,000 as a misdemeanor, while anything worth $1,000 or more is a felony. This amount can differ among states or depending on the type of property.

Can you damage someone else's property?

The property you damage must be owned or possessed by someone else, and you must damage it against the owner's wishes. You cannot, for example, commit vandalism by covering your own fence in graffiti or by adding bumper stickers to a car after receiving permission from the owner. Intentionally.

What to do if you are charged with vandalism?

If you've been charged with the crime of vandalism, consider consulting with a criminal defense attorney who regularly practices in your area. An experienced lawyer will be able to evaluate the strength of the prosecution's evidence against you, explain your options and the likely consequences for each, and protect your rights. Only a local lawyer who knows how cases like yours are normally handled by the prosecutors and judges in your courthouse will be able to give you practical and realistic advice.

How long can you go to jail for vandalism?

Jail. A jail sentence for vandalism can range from a few days in jail to several years in prison, depending on the amount of damage done. If you have a previous conviction for vandalism or have a criminal record for any other offenses, you may face increased jail penalties. Fines.

What happens if you violate probation?

If you violate any of the rules or conditions that come with probation (such as a requirement that you perform "community service," explained below), the court may order you to serve the original jail sentence. Community service. A court can also require you to perform community service as part of your punishment.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

Do doctors make mistakes?

Doctors do occasionally make mistakes, and if you’re facing the consequences of a medical mistake such as a medical misdiagnosis or inaccurate treatment, a lawyer who specializes in medical malpractice issues can be particular helpful.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is IP law?

1. Intellectual Property (IP) Lawyers. Any original creative, scientific, or technical invention which may benefit the public has to be protected ...

Is a civil litigation lawyer a general lawyer?

Technically, all areas of law already mentioned on this list may also be considered civil litigation cases. This is why a civil litigation lawyer is regarded as a general lawyer. However, their primary work comprises handling cases involving a breach of contract. While this may seem simple compared to other areas of law, contract disputes can be a tedious process. So, it will pay to hire an excellent civil litigation attorney who can easily spot the finer details of the case.

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What is a personal injury lawyer?

This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.

What is a business lawyer?

Also known as corporate lawyers, business lawyers are legal eagles who cover a more full range of expertise in building, managing, maintaining, transferring and dissolving a business. Lawyers in this area of practice deal with the formation of the company, employment contracts, tax compliance, acquisitions, and mergers.

Charles K. Kenyon Jr

They cannot prove a case without evidence, but evidence does not mean that someone witnessed the act. It means that they can convince a judge and jury that you did it.

Michael L Detzky

There's evidence and then there's evidence.

Peter Stephen Kirner

Your question is vague. "Without evidence" is a very specific statement. The fact that a window was broken, IS evidence. Where the car was located, where you were at the time, is there a negative relationship between you and the owner of the car...ALL of that IS evidence. IF there was NO evidence, you could not be charged with a crime, but...

How to prove innocence in a case?

As with any crime, if you are factually innocent, try to document all of your actions at the time in question. If you were with other people at the time of the alleged crime who can testify to your innocence, write down their names and contact information. You don’t need to have hired a lawyer to start the process of building a defense. If your witnesses are people you know, then follow these simple steps: 1 Let them know you have been charged with a crime 2 Let them know the date and time of the crime being alleged 3 Ask your witness to write out and date a brief statement containing important facts they remember that would show your innocence. One or two paragraphs is usually enough at this stage, though the more detail they are able to remember the better. 4 Are there pictures, videos, phone records, purchase records, electronic communications, or other data that might establish your innocence? Make sure that it is preserved, and not deleted. If the data is not in your possession, make sure whoever has it does not delete it, and if the data is photo, audio, or video, try to get them to send you a copy of what they have.

What is vandalism in California?

California law defines the crime of vandalism ( vandalismo) as the malicious act of defacing, damaging, or destroying the property of another. Vandalism usually arises in cases of graffiti (defacing) or the intentional breaking of property (damaging, destroying). Vandalism is a “wobbler”, which means that it can be charged as a misdemeanor or a felony, depending on whether the damage caused is more than $400. Damage is typically calculated by demonstrating a reduction in value, or by adding up the costs of repair and cleanup needed to restore the property to its prior state.

Can a judge dismiss a felony with a civil compromise?

All the defenses to misdemeanor vandalism also apply to felony vandalism with the exception of civil compromises. However, just because a judge has no legal authority to dismiss a felony with a civil compromise, they may still reduce a felony charge to a misdemeanor, and as a result lessen the overall possible punishment and probation.

What is the Penal Code section 640.5?

In cases where the alleged act is the defacing of government property with damage under $250, Penal Code section 640.5 allows the case to be resolved with an infraction and graffiti abatement work service. This lesser known infraction is a good way to get certain cases out of misdemeanor territory when the victim is a government entity, and a civil compromise is infeasible.

Can an attorney get you a favorable result?

Even when you don’t have the defense that you are factually innocent, your attorney may still be able to get you a favorable result in your case, including a reduction of charges and sentence, or even a dismissal, and there are things you can do even before you hire an attorney that will help make their job easier.

How A Vandalism Attorney Can Help You

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Common Defenses Against Vandalism Charges

What Is Vandalism?

When Is Vandalism A misdemeanor?

When Is Vandalism A Felony?

Punishment For Vandalism

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What Is Vandalism?

Vandalism Elements

Penalties For Vandalism

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• If you've been charged with the crime of vandalism, consider consulting with a criminal defense attorney who regularly practices in your area. An experienced lawyer will be able to evaluate the strength of the prosecution's evidence against you, explain your options and the likely consequences for each, and protect your rights. Only a local lawyer who knows how cases like y…

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