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A Simple Accident: Defenses in California Vandalism Cases

You're at a bar with some friends one night when you run into your ex-wife. You try to stay friendly, but the breakup wasn't really pleasant for either of you. As you turn to leave, you accidentally spill your drink on her purse-a $900 bag.

She starts screaming that you did it on purpose, and demands that you pay for it. You laugh it off-after all, you've given her enough money. She storms out, and you go back to your friends... but the next day, she calls you to tell you she's pressing charges.

You can't believe it. You didn't even touch her-what could you possibly be charged with?

Vandalism is defined as the deliberate damaging, destroying, or defacing of someone else's property. While many people assume that vandalism only applies to spray painting on a brick wall, it can actually apply to any personal property: breaking someone's cell phone, writing something on their car, or damaging their clothes or personal items.

The difference between misdemeanor and felony vandalism in Ventura lies in the dollar amount of damage:

• Misdemeanor. If the cost to repair the damaged property is less than $400, you may be charged with misdemeanor vandalism. In addition to replacing the damaged property, penalties include up to one year in county jail, community service, a fine up to $1,000, and suspension of your California driver's license.
• Felony. If the cost of damages is greater than $400, a prosecutor has the option of charging you with felony vandalism, punishable by all of the penalties above, a fine up to $10,000, and a sentence of up to one year in county jail or up to three years in California State Prison.

As experienced Ventura criminal defense attorneys, we know that the problem with many vandalism charges is that they are not always done maliciously. Mistakes happen-but it is easier for a victim to blame an innocent party than accept that they must pay for what was lost. At Bamieh & Erickson, we work to get the charges against you dropped-and when we cannot avoid conviction, we always fight for the minimal possible sentence.

If you have been charged with vandalism in Ventura County, call Bamieh & Erickson at (805) 643-5555 to get a free consultation.

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