Los Angeles County Criminal Lawyer Blog

The Los Angeles Times recently reported that six girls were charged with a Pasadena juvenile crime after being caught in connection with a high school vandalism.

Our Pasadena criminal defense lawyers know that parents are concerned for their children. This includes their concern for their future, which can be hurt if they face a criminal conviction as a teenager.

Vandalism is a common crime for teenagers to commit or get charged with committing because many see it as harmless. The police, however, see it as an expensive crime that can also harm the image of a city. That's why authorities are adamant about filing charges and seeking convictions.

Sometimes, authorities even attempt to turn these minor crimes into Pasadena gang crimes, which is often a stretch. California law allows prosecutors to sometimes enhance charges as "gang crimes" based on an easily-met criteria determined by police.

These enhancements can lead to stringent penalties, including increased jail terms, probationary periods, fines and fees and other sanctions. Those are only the penalties levied by the criminal justice system, however.

That doesn't include the potential sanctions placed on the teen by society. Criminal convictions can lead to school suspensions or expulsions, which would show up on their academic records. For teenagers hoping to get into a college or university of their choice, criminal charges can be a major obstacle. Many scholarships that a student would otherwise be qualified for may disqualify that student if he or she is convicted.

Still others could lose their jobs, which could create major financial obstacles. That's why preparing a strong defense and not necessarily taking the first plea offer the state makes can be good strategies.

In this case, the Los Angeles Times reports, six girls were arrested for vandalizing the Marshall Fundamental High School in Pasadena. Police say the girls were responsible for marking every campus building with graffiti over the recent three-day weekend.

Administrators returned to the school Tuesday after the Martin Luther King Jr. holiday to find that "lewd and derogatory" remarks were written in spray paint across the high school's campus. Administrators estimate it will cost between $4,000 and $5,000 to clean up the spray paint.

Police said they used video surveillance to track down the suspects. Authorities said the video captured images of some of the suspects. The names and ages of the suspects weren't reported by the Times.

What remains to be seen is how reliable the video tape evidence is and whether there is any other physical or circumstantial evidence that connects the suspects to the crimes. Another issue in cases like this is that the state will often seek restitution, which is money to pay for damages, in vandalism cases. This can be a financial struggle for many teenagers.

But that's only if the student is convicted of the Pasadena juvenile crime. A strong criminal defense lawyer will challenge all evidence, statements and witnesses and hold the state to its burden of proving the case beyond all reasonable doubt.

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Graffiti has been a common occurrence in the United States for many years with many using it for various purposes, including claiming gang territory, acting in revenge against someone, and even as an artistic expression. No matter what the reasons may be, graffiti is designated as a crime and those suspected of the crime can face arrest and penalties.

Under California Penal Code Section 594 (a), graffiti is categorized as a form of vandalism and can be punished by imprisonment or fines depending on the total damage done by the act or acts of vandalism the defendant is found guilty of committing.

When the property damage is valued under $400, the defendant can be punished by a maximum of one year in county jail, a maximum fine of $1,000, or both penalties. Defendants who have been previously convicted of this crime can have their fine increased to a maximum of $5,000.

If the vandalism costs greater than $400, the defendant can be subject to up to one year in county jail or a maximum fine of $10,000. When the destroyed property amounts to more than $10,000 in damages, the fine can be increased up to $50,000, although the prison sentence does not increase.

Graffiti carries special penalties that a defendant can be subjected to if found guilty. A court can order the guilty party to personally clean up, replace, or repair the graffiti they have created or make sure that the area stays graffiti free. When the defendant is a minor, his or her parent/guardian can also be ordered by the court to help clean the graffiti or pay the fines that have been imposed if the minor is unable to do so.

Vandalism is a serious offense, and the prison sentences and fines can have long-term repercussions on a guilty party and his or her family. The Ventura vandalism defense attorneys at The Law Offices of Daniel Kann are dedicated to protecting the rights of defendants. For more information on how our law team can help you in your case today, call (805) 290-4932.

The Los Angeles County District Attorney's Office has announced that two 17-year-old boys have admitted to a charge of felony vandalism with a hate crime allegation for anti-Semitic graffiti at Calabasas High School. The teens were 16 at the time of the incident and their names are not being released to the public due to their age. According to The Sacramento Bee, specific students and teachers at the high school were targeted by swastikas, anti-Semitic and anti-black slurs and profanities spray-painted on doors, walls, sidewalks, and a stop sign. The teens reportedly informed investigators that they didn't intend to single-out any particular racial or religious groups. The teens argued that they felt like they had been mistreated and wanted to upset a few teachers and fellow students.

By order of the Sylmar Juvenile Court, the teens will be required to finish 100 hours of community service, pay $6,000 in fines, attend counseling, and attend a program at the Museum of Tolerance. In addition, the teens will remain under court and Probation Department supervision for one year. A third teen who faces charges will return to court in November for trial setting.

Under California Penal Code Section 594, an individual may be charged with vandalism if they are accused of defacing real or personal property with graffiti or other inscribed material. A person can also face charges for damaging or destroying real or personal property that belongs o another person or entity. Under California Penal Code Section PC 422.6, it is illegal to use force, threats or destruction of property to create any interference with another person's exercise of civil rights.

The consequences of vandalism and hate crimes can be severe, resulting in imprisonment, steep fines, probation, and other penalties. Whether you or someone you care about is facing vandalism charges, you may want to speak with a lawyer who can inform you of your legal rights and options for defense. Southern California vandalism defense attorney Daniel Kann is committed to defending his clients' rights. With years of experience handling a wide range of criminal defense cases, Mr. Kann may be able to help you get the charges held against you reduced or eliminated. Call 888-744-7730 today to learn more about your legal rights.

Source: http://www.sacbee.com/2011/09/14/3911252/2-teens-admit-to-anti-semitic.html

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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