Vandalism – Prosecution Elements – California Penal Code 594
Orange County/Los Angeles Vandalism Attorney
Call the Law Offices of Nam Q. Doan if you were arrested for vandalism. The punishment for vandalism can be severe. Below you will see the elements that the prosecution must prove for vandalism as well as the instruction that the jury will read.
Vandalism Elements – California Penal Code 594
The defendant is charged with vandalism in violation of Penal Code section 594.
To prove that the defendant is guilty of this crime, the People must prove that:
1. The defendant maliciously (defaced with graffiti or with other inscribed material[,]/ [or] damaged[,]/ [or] destroyed) (real/ [or] personal) property;
[AND]
2. The defendant (did not own the property/owned the property with someone else)(;/.)
[AND
3. The amount of damage caused by the vandalism was $400 or more.]
If you find the defendant guilty of vandalism you must then decide whether the People have proved that the amount of damage caused by the vandalism was $400 or more. [If you decide that the amount of damage was $400 or more, you must then decide whether the People have proved that the damage was also $10,000 or more.]
The People have the burden of proving this allegation beyond a reasonable doubt. If the People have not met this burden, you must find that this allegation has not been proved.
Someone acts maliciously when he or she intentionally does a wrongful act or when he or she acts with the unlawful intent to annoy or injure someone else.
Graffiti or other inscribed material includes an unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on real or personal property.
Call the Law Offices of Nam Q. Doan today at (714) 248-DOAN (3626) if you are facing a charge of vandalism. There are several vandalism defenses that may be available to you. I am a vandalism attorney practicing all over Southern California including Orange County, Los Angeles, and the Inland Empire. For more information, visit www.OCLegalDefense.com.