Domestic Violence Vandalism in Los Angeles

Domestic Violence Vandalism

When people think about what constitutes a domestic violence offense, they usually focus on crimes involving acts of violence against a current of former spouse or lover, such as corporal injury to a spouse in violation of California Penal Code Section 273.5 PC or domestic battery in violation of California Penal Code Section 243(e) PC. However, in California “domestic violence” is considered any crime in which the victim is a class of person identified in California Family Code Section 6211 FC. This includes current and former spouses, current and former cohabitants, current or former boyfriends or girlfriends, children, co-parents or blood relatives. Domestic violence cases are not limited to crimes involving actual physical harm and can include a wide variety of offenses where no one is actually hurt or threatened. In some cases, a crime will be considered a domestic violence offense when the victim is one of the people listed in California Family Code 6211 FC. If this is the case, the defendant would be subject to mandatory sentencing provisions if convicted of the underlying crime pursuant to California Penal Code Section 1203.097 PC. One crime that can be considered “domestic violence” is vandalism in violation of California Penal Code Section 594 PC.

Vandalism as a Domestic Violence Offense

Under California Penal Code Section 594 PC, vandalism is a “wobbler” offense that can be charged as either a felony or a misdemeanor. In the People v. Cates decision, the California Court of Appeals held that a vandalism conviction where the victim is a person listed in California Family Code Section 6211 FC would be considered a crime of domestic violence and would subject the defendant to mandatory sentencing conditions. Under California Penal Code Section 1203.097 PC, this would include a minimum three year probation period, a 52-week batterer’s class, a minimum $500 fine, a protective order and mandatory community service. In addition, the defendant would be expected to pay restitution for any damages caused as a result of the act of vandalism.

In Los Angeles County, non-domestic vandalism charges may be eligible for Court diversion under California Penal Code Section 1001.94 PC. However, this diversion statute does not apply when the victim is a person identified in California Family Code Section 6211 FC. This means that a defendant with a domestic violence vandalism charge may not be eligible for court diversion.

Elements of Vandalism

In order to convict a defendant of vandalism, the prosecutor would have to prove beyond a reasonable doubt that the defendant maliciously defaced property with graffiti, damaged or otherwise destroyed property and that the defendant did not own the property or have the owner’s consent.

In many domestic violence cases, a defendant may be accused of destroying or defacing property that is jointly owned with a spouse, such as a vehicle. Even if this is the case, the defendant could still be guilty of vandalism, as California Penal Code Section 594 PC applies to property that is owned jointly with another person.

Defenses to Vandalism

There are several defenses that may be applicable to defendants who are charged with vandalism as a domestic violence crime. California Penal Code Section 594 PC requires a showing that the defendant acted maliciously when he or she destroyed the property of another. If property was destroyed by accident, the defendant would have a valid defense.

If you have been charged with vandalism against a domestic partner, it is imperative that you meet with an attorney experienced in fighting domestic violence cases immediately. Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who understands how to effectively defend clients charged with vandalism and other related offenses.

For more information about domestic violence and vandalism, and to schedule your free consultation, contact Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Featured on CNN
ABC News
NBC News
Los Angeles Times
CBS News
Today
The New York Times
Us Weekly
Entertainment Tonight
Good Morning America
Legal Broadcast Network
Avvo Rating 10.0
Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.