Man Charged with Hate Crime for Sledgehammer Attack on Glendale Church
Victor Petrescu was arraigned in Los Angeles County Superior Court on charges of felony vandalism with an enhancement for damage exceeding $50,000, possessing a sledgehammer with the intent to commit vandalism, graffiti, and having a suspended driver's license.
The crime of vandalism falls under California Penal Code Section 594 which states, "Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own ...., is guilty of vandalism:"
(1) Defaces with graffiti or other inscribed material.
(2) Damages.
(3) Destroys.
The charge of vandalism is what is known as a "wobbler" because it can be charged as a misdemeanor or a felony.
If the damage that results from the act of vandalism is less than $400, the charge will be filed as a misdemeanor. A misdemeanor vandalism charge carries a jail sentence of up to one year.
If the damage that results from the act of vandalism is $400 or more, the charge will be filed as a felony. A felony vandalism charge carries a prison sentence of up to three years.
Petrescu allegedly destroyed a monument outside St. Mary's Armenian Apostolic Church in Glendale.
Since his arraignment, the Los Angeles County District Attorney's office has decided to amend the vandalism charge and Petrescu is now being charged with a hate crime.
According to police Petrescu told them he was following a Biblical injunction to destroy sacred pillars.
California's hate crime statute is laid out in Penal Code Section 422.7 which states in part, "any hate crime shall be punishable by imprisonment in the state prisonor in a county jail not to exceed one year, by a fine not to exceed ten thousand dollars ($10,000), or by both that imprisonment and fine, if the crime is committed against the person or property of another for the purpose of intimidating or interfering with that other person's free exercise or enjoyment of any right secured to him or her...
(a) The crime against the person of another either includes the
present ability to commit a violent injury or causes actual physical
injury.
(b) The crime against property causes damage in excess of nine
hundred fifty dollars ($950)."
This crime is also a wobbler as it can be charged as a misdemeanor or a felony.
California's misdemeanor civil rights hate crime statute is laid out in Penal Code Section 422.6.
California Penal Code Section 422.6(b) states in part,
"No person, whether or not acting under color of law, shall knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person. . ."
Driving with a suspended license falls under California Vehicle Code Section 14601. In California driving while one's license is suspended is a misdemeanor carrying up to 6 months in county jail. This charge is also priorable, meaning that prior convictions of the same charge can be used by the court to enhance penalties for a new conviction of the same charge.
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