Criminal Mischief? - damaging my OWN stuff?

[safado]

What is the name of your state? Utah

I'm a high profile, well known govt. employee in my community. My wife (mentally ill) called 911 because she's "afraid" of me. I haven't touched her, struck her, threatened her, etc. The police came and asked if I'd be willing to leave voluntarily until "things calmed down." I agreed and left - immediately moving into a vacant rental property which my wife and I own. The next day she hit me with a Protective Order. For the next week she took off with the kids to a "safe house". Upon finally getting to say my piece at the ex parte hearing, the judge upheld the P.O., ordered a CPS investigation and granted me statutory visitation with my kids.

The frustration and the humilation of the situation got the best of me and in that state of mind a kicked a hole in the wall of our rental. The wife found out about it and called 911 from across town. The cops came and I, stupidly in retrospect, gave them full access to the home, admitted to kicking the hole, offered no resistance, etc. My wife apparently told them I was living in a rental - which, technically, I guess it is - except that we happen to own it and I happen to be living in it as a landlord rather than a tenant.

Anyway, the cops arrested me on a criminal mischief charge. Cuffs, ride to the jail, fingerprints, pictures, etc. When all was said and done, the arresting officer explained the charges to me and asked me for the name of the landlord so that the homeowner could be notified of the damage I had caused. I looked him in the eye and told him, "I"m the landlord." He said, "Your wife said it was a rental." I responded, "It is, usually, but for now I'm living there and I own it." His jaw somewhat dropped and he apologized saying that it was a mistake/misunderstanding that I was arreseted but now that I was "in the computer" I'd have to straighten everything out in the courts. I post bail and I'm out.

At pre-trial conference, my lawyer tries to get the County Attorney to drop the charges on account that I only damaged my own property, ergo, no criminal mischief by defintion. The CA says he can't do that because I'm too high profile and too many people are watching to see if the County lets their white-collar colleague walk free. The CA offers me a plea bargain: Plead no contest, $300 fines, $100 court costs, 1 year probation and enroll in an anger management course at my cost. I tell him to bring on the jury! My attorney later told me that they will be playing the card that I didn't just damage MY wall, but I also damaged MY WIFE'S wall.

It's my understanding that since our rental property (my new home) is jointly owned, then I have the full right to damage the walls, paint the walls, tear up the carpet, put on a new roof, etc. without express consent from my wife.

Here's the Utah Criminal Mischief link:

http://www.le.state.ut.us/~code/TITLE76/htm/76_07008.htm

In the definition of Criminal Mischief, it states, in part:

"A person is commits criminal mischief if the person . . . INTENTIONALLY damages, defaces, or destroys the property of ANOTHER . . . "

It goes on to say that it's a class B misdemeanor "if the actor's conduct causes or is intended to cause pecuniary loss less than $300.00 in value. In determining the value of damages under this section . . . includes the MEASURABLE value of the loss of use of the itmes and the MEASURABLE cost to repalce or restore the items."

So . . . in my non-legal logic:

1. I didn't INTENTIONALLY damage the wall. I kicked it and my foot *happened* to go through it.

2. It's MY property, not the property of ANOTHER.

3. My dear dad fixed the hole in the wall for me at no charge - so therefore there are no MEASURABLE costs for fixing the wall.

This being my first run-in with the law, I have absolutely no frame of reference.

Counselors? Do you think I have a defendable case? Is my above logic reasonable?

Is it possible that the elected County Attorney has to move this along to save face with me being a "high profile" guy?

Could it be further possible that the CA is getting this in front of a judge knowing full well it's a bogus charge and expect the judge to acquit me rather than the CA dismissing the charges - justice served w/ the official line being that he prosecuted but lost?

Sorry for this being so long, but having browsed the other posts, I couldn't help but note that there are often follow-up/clarifcation questions and I thought I'd be as detailed as possible.

Thanks in advance for your thoughts/feedback!

 

[HomeGuru]

What is the name of your state? Utah

I'm a high profile, well known govt. employee in my community. My wife (mentally ill) called 911 because she's "afraid" of me. I haven't touched her, struck her, threatened her, etc. The police came and asked if I'd be willing to leave voluntarily until "things calmed down." I agreed and left - immediately moving into a vacant rental property which my wife and I own. The next day she hit me with a Protective Order. For the next week she took off with the kids to a "safe house". Upon finally getting to say my piece at the ex parte hearing, the judge upheld the P.O., ordered a CPS investigation and granted me statutory visitation with my kids.

The frustration and the humilation of the situation got the best of me and in that state of mind a kicked a hole in the wall of our rental. The wife found out about it and called 911 from across town. The cops came and I, stupidly in retrospect, gave them full access to the home, admitted to kicking the hole, offered no resistance, etc. My wife apparently told them I was living in a rental - which, technically, I guess it is - except that we happen to own it and I happen to be living in it as a landlord rather than a tenant.

Anyway, the cops arrested me on a criminal mischief charge. Cuffs, ride to the jail, fingerprints, pictures, etc. When all was said and done, the arresting officer explained the charges to me and asked me for the name of the landlord so that the homeowner could be notified of the damage I had caused. I looked him in the eye and told him, "I"m the landlord." He said, "Your wife said it was a rental." I responded, "It is, usually, but for now I'm living there and I own it." His jaw somewhat dropped and he apologized saying that it was a mistake/misunderstanding that I was arreseted but now that I was "in the computer" I'd have to straighten everything out in the courts. I post bail and I'm out.

At pre-trial conference, my lawyer tries to get the County Attorney to drop the charges on account that I only damaged my own property, ergo, no criminal mischief by defintion. The CA says he can't do that because I'm too high profile and too many people are watching to see if the County lets their white-collar colleague walk free. The CA offers me a plea bargain: Plead no contest, $300 fines, $100 court costs, 1 year probation and enroll in an anger management course at my cost. I tell him to bring on the jury! My attorney later told me that they will be playing the card that I didn't just damage MY wall, but I also damaged MY WIFE'S wall.

It's my understanding that since our rental property (my new home) is jointly owned, then I have the full right to damage the walls, paint the walls, tear up the carpet, put on a new roof, etc. without express consent from my wife.

Here's the Utah Criminal Mischief link:

http://www.le.state.ut.us/~code/TITLE76/htm/76_07008.htm

In the definition of Criminal Mischief, it states, in part:

"A person is commits criminal mischief if the person . . . INTENTIONALLY damages, defaces, or destroys the property of ANOTHER . . . "

It goes on to say that it's a class B misdemeanor "if the actor's conduct causes or is intended to cause pecuniary loss less than $300.00 in value. In determining the value of damages under this section . . . includes the MEASURABLE value of the loss of use of the itmes and the MEASURABLE cost to repalce or restore the items."

So . . . in my non-legal logic:

1. I didn't INTENTIONALLY damage the wall. I kicked it and my foot *happened* to go through it.

2. It's MY property, not the property of ANOTHER.

3. My dear dad fixed the hole in the wall for me at no charge - so therefore there are no MEASURABLE costs for fixing the wall.

This being my first run-in with the law, I have absolutely no frame of reference.

Counselors? Do you think I have a defendable case? Is my above logic reasonable?

Is it possible that the elected County Attorney has to move this along to save face with me being a "high profile" guy?

Could it be further possible that the CA is getting this in front of a judge knowing full well it's a bogus charge and expect the judge to acquit me rather than the CA dismissing the charges - justice served w/ the official line being that he prosecuted but lost?

Sorry for this being so long, but having browsed the other posts, I couldn't help but note that there are often follow-up/clarifcation questions and I thought I'd be as detailed as possible.

Thanks in advance for your thoughts/feedback!

**A: in my opinion, you made a huge mistake of not taking the plea and putting an end to this insanity. By your attitude in wanting a fight ie. "bring on the jury", you just created a situation in attracting the spotlights on your high profile self. Your case will now be fodder for the media. That in it of itself would have been reason enough to settle. This is not an issue of principal anymore. I agree that your case should not even go to trial but you were given the opportunity to prevent a trial.
You are going to lose more money, time, status, credibilty etc. that the paltry plea amount.

 

[safado]

Geeezzz! I knew I'd forget something.

If I am convicted on this silliness - I stand to lose my job. My Board of Directors is watching this closely and have, so far, considered me innocent unless proven guilty.

Further, the type of work I do requires a criminal background check - if this sticks, the chance of me finding work again in my field is nill.

The media has already run with this - it's been in the local rag.

 

[Mike101]

safado,

Who's name is on the deed?

 

[stephenk]

you claim your wife is "mentally ill". Is that your own opinion or has she been diagnosed by a doctor with a mental illness.

You did intentionally kick the wall to cause damage. your argument that your foot happened to go through the wall wont fly.

How did you wife find out you put your foot through the wall if she isnt living with you or allowed to go to the house since she has a RO on you?

Maybe you do have an anger problem. Plus, the plea agreement would be a misdemeanor and not a felony.

 

[stephenk]

By the way, Jim Brown (all-star football player) used the same argument in felony vandalism charges for destroying his car with a shovel. The court found him guilty since he was doing it while arguing with his wife. He didnt want her to leave so he destroyed the car she used all the time. He argued since he owned the car he had the right to destroy it. Community property means he didnt have that right.

 

[safado]

Ouch!

I'm getting a reality check when I was hoping for "ata-boys". Thanks for the candidness. Probably what I need. Not sure if I need anger management - this kicking-of-the-wall is an isolated incident and VERY out of character for me - although, on my lawyers advice, I am volantarily seeing a therapist about it.

The deed to the house is in both our names.

My wife found out about it via the children who saw the hole in the wall and telephoned her during their visitation with me and told her about it. The incident did not take place in the children's presence.

My wife's mental illness is still, to this point, officially alleged. I have four clinical friends/associates (MD, PhD, LCSWs) who have all unofficially deemed her to be bi-bolar with histrionic disorder based on their casual/social interactions with her. Lots of documented mental illness in her immediate family. The court ordered psycholocial & custody evaluation is pending - those aren't cheap!

I appreciate the James Brown history of smashing his own car and getting nailed for it. However, for comparison, NHL goaltender Patrick Roy recently ripped two doors of their hinges while in an argument with his wife in THEIR home. The judge dropped the charges because " . . . the case fell short of the state standard for the charge," and "Roy's lawyer, Pamela Mackey, argued before [the judge] that no crime was committed because the damage property belonged to the goalie, and that the law stated it must belong to someon else."

http://sports.yahoo.com/nhl/news/ap/20010307/ap-avalanche-royviolence.html

(How's that for amateur law? Case history from Yahoo! Sports!)

So . . . why did James Brown get nailed and Patrick Roy walk free? Race? Wardrobe? What do I do to come across as a white, Canadien goaltender instead of a black, sould singer before the court?

Similarly, why isn't it criminal mischief when my wife smashes up OUR car while speeding? Why isn't it criminal mischief when my wife throws out OUR stuff without my approval? Why isn't it criminal mischief when she tears down OUR fence that she no longer likes without consulting me? Rhetorical venting! Bear with me and again, thank you!

 

[Mike101]

If the deed is in both of your names and YOU were the only one living there then the only reason to plead guilty would be to prove your an idiot. Once you are arrested you can't be unarrested by the police. It does need to go to court. The officer who asked who the house belonged to realized the mistake after you told him.
A bunch of years ago a pissed off husband rented a bulldozer and knocked his house down. He lived there with his wife. Nothing could be done because it was his house.
The DA should of dropped the charges. If they do that though that says the police were wrong. Be much better for them if you plead guilty. Not so good for you.
My opinion is to only plead guilty if you WANT a record. If you don't want a record you would be an idiot to plead guilty to a crime that is not a crime.