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Vandalism of Private Property

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Gabriel99

Junior Member
I'm in California and was arrested for "Vandalism of Real or Personal Property" (PC 594). I was Drunk and Stupid and I broke out the window of a restaurant.
I plan on paying for any damage and inconvenience but I'm not sure when I should contact the property owners. I feel like I should do this as soon as possible but the law is tricky. This would be an admission of guilt, which I am. I just don't want to negatively effect my court appearance, sentence, fine what have you.
Is it wise to spend the money on a lawyer for this type of situation? :confused:
 


Some Random Guy

Senior Member
If your court defense is "its not me", then paying for the window would be bad. If your defense is "the breaking of the window was an accident and not intentional vandalism", then paying shouldn't matter because you broke the window and are financially/morally responsible, but not criminally responsible.

Perhaps Carl or others could chime in, but I am not sure about contacting the 'victim' in this non-violent case. Normally having the aggressor contact the victim is bad except through your lawyer. However, since you are paying restitution and this is not a crime against a person, you may be OK. I would suggest sending a letter in the mail requesting an accounting of the damages - because if the restaurant told you to never come back, you may get arrested for trespassing when going to talk in person.
 

Happy Trails

Senior Member
Gabriel99 said:
I'm in California and was arrested for "Vandalism of Real or Personal Property" (PC 594). I was Drunk and Stupid and I broke out the window of a restaurant.
I plan on paying for any damage and inconvenience but I'm not sure when I should contact the property owners. I feel like I should do this as soon as possible but the law is tricky. This would be an admission of guilt, which I am. I just don't want to negatively effect my court appearance, sentence, fine what have you.
Is it wise to spend the money on a lawyer for this type of situation? :confused:
If you are found guilty the court would probably make you take care of it anyway.

I'll add from the CA Penal code section 594.

(b) (1) If the amount of defacement, damage, or destruction is four hundred dollars ($400) or more, vandalism is punishable by imprisonment in the state prison or in a county jail not exceeding one year, or by a fine of not more than ten thousand dollars ($10,000), or if the amount of defacement, damage, or destruction is ten thousand dollars ($10,000) or more, by a fine of not more than fifty thousand dollars ($50,000), or by both that fine and
imprisonment.
(2) (A) If the amount of defacement, damage, or destruction is less than four hundred dollars ($400), vandalism is punishable by imprisonment in a county jail not exceeding one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(B) If the amount of defacement, damage, or destruction is less than four hundred dollars ($400), and the defendant has been previously convicted of vandalism or affixing graffiti or other inscribed material under Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7, vandalism is punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment.
(c) Upon conviction of any person under this section for acts of vandalism consisting of defacing property with graffiti or other inscribed materials, the court may, in addition to any punishment imposed under subdivision (b), order the defendant to clean up, repair, or replace the damaged property himself or herself, or order the defendant, and his or her parents or guardians if the defendant is a minor, to keep the damaged property or another specified
property in the community free of graffiti for up to one year.
Participation of a parent or guardian is not required under this subdivision if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children.
 

garrula lingua

Senior Member
The CA Penal Code allows for 'civil compromise' in situations like yours.
If the victim agrees, and either appears in court or signs specific paperwork stating they are fully compensated and non-desirous of your prosecution, the Judge can dismiss the charges ... even over the objection of the District Attorney.

If your victim concurs with a civil compromise, then it's worth having an attorney do this for you.
...The victim HAS to agree.
 

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