Felony Vandalism

[FlyingRon]

I think you misunderstand the terms are malicious and intentional. He intentionally kicked the crap out of the door. Perhaps he didn't mean to cause damage, but his acts were intentional and that's what intentional means in the statute. Malice includes just wanting to annoy the person. One might argue making a racket by pounding and kicking the door was going to be annoying.

 

[quincy]

Here is a link to the law:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=594.

In the criminal case (if your son is convicted), the court can order that restitution be paid. But this does not preclude the homeowner from filing a civil action against your son, as well.
Here is a link to California restitution: https://www.cdcr.ca.gov/victim-services/restitution/

The penalties for “malicious mischief” are harsh so it is good you are helping your son find an attorney. He will want one.

 

[TRB2020]

I think you misunderstand the terms are malicious and intentional. He intentionally kicked the crap out of the door. Perhaps he didn't mean to cause damage, but his acts were intentional and that's what intentional means in the statute. Malice includes just wanting to annoy the person. One might argue making a racket by pounding and kicking the door was going to be annoying.

Oh ok, that makes sense. I did hire an attorney, so I'm hoping for the best.

 

[quincy]

Oh ok, that makes sense. I did hire an attorney, so I'm hoping for the best.

Hiring an experienced attorney to represent your son is certainly the best way to increase the odds of a good outcome for your son.

 

[TRB2020]

How old is your son?

He's 20. He works at Starbucks and doesn't have money for an attorney, so I'm paying for the attorney and setting up a payment plan with him to pay me back. I'm also getting him counseling.

 

[quincy]

He's 20. He works at Starbucks and doesn't have money for an attorney, so I'm paying for the attorney and setting up a payment plan with him to pay me back. I'm also getting him counseling.

Great. The counseling can be important. A judge likes to see that someone recognizes that there is a problem and is personally taking action to resolve it, without being ordered by the court to do so.

Your son is lucky to have you for support.

 

[TRB2020]

Great. The counseling can be important. A judge likes to see that someone recognizes that there is a problem and is personally taking action to resolve it, without being ordered by the court to do so.

Your son is lucky to have you for support.

Thank you for saying that.

 

[quincy]

Good luck to your son, TRB2020.