Vandalism is one of the most common charges in North Carolina and elsewhere. Vandalism happens when someone causes damage or destroys property that belongs to someone else. Most often, vandalism is a misdemeanor; however, there may be some instances when it is a felony. If convicted of a misdemeanor vandalism charge, you could face a sentence that includes fines and community service. In some cases, you could face jail time. An experienced North Carolina criminal defense attorney will help you defend vandalism charges.
What is Vandalism?
Vandalism is the intentional act of causing damage to or destroying another person’s property. Property may be personal or fixed. Personal property includes property that is moveable, such as a vehicle, for example. Fixed property is property that is not easily moveable, such as buildings, trees, or crops. Vandalism is the willful and wanton injury to personal or real property. Vandalism is most often a misdemeanor. In some cases, vandalism is charged in addition to other charges, such as burglary or trespassing.
In this insightful video, Managing Member Matt Arnold of Arnold & Smith PLLC discusses effective strategies for fighting vandalism charges in North Carolina.
Types of Vandalism
There are different types of vandalism in the law. Damage to real property is a Class 1 misdemeanor. This type of vandalism occurs, for example, when someone defaces property with graffiti. Graffiti is any type of intentional mark and can be made with paint as well as with markers or even scratches. Damage to personal property is a Class 2 misdemeanor. Charges apply even if the property was not totally destroyed. If the property value is over $200, the offense could be upgraded to a Class 1 misdemeanor. Vandalism to caves is a Class 3 misdemeanor.
Vandalism of human remains is a felony in North Carolina. Vandalism charges may also be elevated to a felony in cases where the defendant has had previous convictions for vandalism. Generally, when someone has two or more prior vandalism convictions, subsequent charges for vandalism will be felonies. The penalties for a felony vandalism conviction are more severe than for misdemeanors. If convicted, you could face a sentence that includes jail time, with fines of at least $500.
Defending Vandalism Charges
It is important to vigorously defend vandalism charges. To successfully prosecute you for vandalism, the state must prove that you intentionally destroyed property. If they cannot prove your intent, they may be unsuccessful in prosecuting your case. If you accidentally harmed property, you did not commit vandalism. The strength of your defense may depend on the type of evidence against you in the case. Your attorney will help evaluate your charges and evidence and help to prepare your defense strategy. In some cases, your lawyer may seek a plea bargain if that is appropriate.
It is best to get help from a knowledgeable criminal defense attorney as soon as possible. Your lawyer will answer your questions and guide you through the legal process. There are many potential defense options that may be possible in your case. In some instances, minor vandalism charges may be dropped, or if you are convicted, you may be able to obtain the lowest sentence possible. If you or a loved one has been charged with vandalism, we are here to help. Contact us today at Arnold & Smith, PLLC, at (704) 370-2828 for a consultation with our legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/plea_bargain
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-159.21.html
Image Credit:
https://www.freeimages.com/photo/graffiti-1187880
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC?feature=watch
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Vandalism Charges: A guide for North Carolina Residents