Felony Vandalism

[TRB2020]

What is the name of your state? CA
My son got arrested over the 4th of July weekend for felony vandalism and disorderly conduct under the influence. The second charge of disorderly conduct I believe has been dropped, but he has a court appearance scheduled for November for the vandalism. He and his friends were spending the night at a friends house. He got drunk and depressed and took off on foot, without his phone, shoes or anything. His friends couldn't find him, and ended up filing a missing person's report (which is when they found out he got arrested). My son said that he fell asleep in someone's lawn and woke up freezing. He thought he was at his friend's house, and knocked on the door. When no one answered he banged on the door and was yelling to let him in. He got frustrated and started kicking the door, and apparently damaged the door. He didn't know where he was and thought this was his friend's house. The people inside never opened the door and called the cops, and they came and arrested him. I cannot believe he got charged with a FELONY for this dumb mistake. He has never been in trouble with the law before. Should I get a lawyer? How likely is it they will drop the charges, or at least reduce to a misdemeanor?

 

[FlyingRon]

It's a wobbler (can go either way) if the damage is over $400. Even a misdemeanor is nothing to sneeze at. Get him an attorney. I'm not seeing anything exculpatory here. Even if he bashed down his friend's door, he'd be just as guilty.

 

[TRB2020]

Ok, thank you for the reply. I wonder who determines how much the damage is.

 

[Zigner]

There's no reason that you would need an attorney. On the other hand, your son could definitely use one.

 

[PayrollHRGuy]

The free market determines how much the door is and front doors aren't cheap.

P.S. You son is lucky. There are many places in this country where the homeowners shooting him would have been a completely legal option.

 

[TRB2020]

The free market determines how much the door is and front doors aren't cheap.

P.S. You son is lucky. There are many places in this country where the homeowners shooting him would have been a completely legal option.

I guess what I meant was do the homeowners give a receipt to get reimbursed for the door to show how much it costs? That's what I was wondering. I did tell him that he was lucky, and good thing he didn't try to break in because he could have been shot.

 

[PayrollHRGuy]

I guess what I meant was do the homeowners give a receipt to get reimbursed for the door to show how much it costs? That's what I was wondering. I did tell him that he was lucky, and good thing he didn't try to break in because he could have been shot.

It isn't hard to estimate the value of a door.

After you get your son a lawyer you should probably get him some alcohol/drug and anger management counseling.

 

[TRB2020]

It isn't hard to estimate the value of a door.

After you get your son a lawyer you should probably get him some alcohol/drug and anger management counseling.

I already have. Time to find a lawyer.

 

[FlyingRon]

It's not just the value of the door but the cost to replace it. Easily exceeds $400.

 

[Zigner]

My son said that he fell asleep in someone's lawn...

I think the phrase you're looking for is "passed out".

 

[quincy]

It's not just the value of the door but the cost to replace it. Easily exceeds $400.

The last door we had replaced cost $2500 - but it was not a standard door size.

 

[TRB2020]

There's no reason that you would need an attorney. On the other hand, your son could definitely use one.

It's not just the value of the door but the cost to replace it. Easily exceeds $400.

Yeah, I'm sure it will be over $400. I looked up vandalism in California and it has to be malicious and intentional. It was definitely intentional that he kicked the door, but damaging it wasn't intentional, and it definitely wasn't malicious. He was trying to get their attention. I have a consult with an attorney tomorrow, but hopefully this can get him out of it, or at least reduced.. since it's his first offense.

 

[Just Blue]

How old is your son?

 

[adjusterjack]

I wonder who determines how much the damage is.

The contractor who replaces the door.

Here's a website where you can estimate the cost range. Put your zip code in at the top to see the approximate cost for your area.

https://homewyse.com/services/cost_to_install_exterior_door.html

For California I'm guessing $500 to $800 for a standard door using the same locksets.

What could make that price higher?

Damage to the locks.
A wider door.
A more ornate design.
A fire rated door.
Damage to framing to which the pre-hung jambs get attached.
An emergency call to secure the entry until the contractor can replace the door.

The homeowner or his insurance company will come after your son to pay for the damage. If your son is under 18, you will also be responsible under CA Civil Code 1714.1: Parents jointly and severally liable for willful misconduct causing injury, death or property damage. Liability generally imposed on parent when child has acted with “willful” misconduct.

 

[zddoodah]

Should I get a lawyer?

I'm not really sure what sort of response you're seeking to this question. You obviously have no personal need for a lawyer, so I assume you're talking about hiring one to defend your son. Is your son a minor or an adult? If he's an adult, why can't he hire his own attorney? Are you interested in spending a couple thousand dollars for what likely will be a negotiation to plea bargain down to a misdemeanor? Is a couple thousand dollars an easy spend for you, or is it going to be an extreme financial imposition?

How likely is it they will drop the charges, or at least reduce to a misdemeanor?

That depends to a large degree on which of California's 58 counties this happened in, among other things.