The Mullen Law Group’s vandalism defense attorneys are leading Eau Claire and the Chippewa Valley due to their lawyers successful vandalism settlements in Wisconsin.
Category: Violent Crimes
Vandalism is typically defined as when a person knowingly causes serious physical damage to a structure or its contents. Vandalism is governed by state statutes, which vary by state. Some states have separate statutes that deal specifically with vandalism to certain property, such as autos, cemeteries, or school property. Statutes typically provide for penalties based upon the value of the property damage. Local laws should be consulted for specific requirements in your area.
The following is an example of a state statute dealing with vandalism: A) No person shall knowingly cause serious physical harm to an occupied structure or any of its contents.
(B) (1) No person shall knowingly cause physical harm to property that is owned or possessed by another, when either of the following applies:
(a) The property is used by its owner or possessor in the owner’s or possessor’s profession, business, trade, or occupation, and the value of the property or the amount of physical harm involved is five hundred dollars or more;
(b) Regardless of the value of the property or the amount of damage done, the property or its equivalent is necessary in order for its owner or possessor to engage in the owner’s or possessor’s profession, business, trade, or occupation.
(2) No person shall knowingly cause serious physical harm to property that is owned, leased, or controlled by a governmental entity. A governmental entity includes, but is not limited to, the state or a political subdivision of the state, a school district, the board of trustees of a public library or public university, or any other body corporate and politic responsible for governmental activities only in geographical areas smaller than that of the state.
(C) No person, without privilege to do so, shall knowingly cause serious physical harm to any tomb, monument, gravestone, or other similar structure that is used as a memorial for the dead; to any fence, railing, curb, or other property that is used to protect, enclose, or ornament any cemetery; or to a cemetery.
(D) No person, without privilege to do so, shall knowingly cause physical harm to a place of burial by breaking and entering into a tomb, crypt, casket, or other structure that is used as a memorial for the dead or as an enclosure for the dead.
(E) Whoever violates this section is guilty of vandalism. Except as otherwise provided in this division, vandalism is a felony of the fifth degree that is punishable by a fine of up to two thousand five hundred dollars in addition to the penalties specified for a felony of the fifth degree in sections 2929.11 to 2929.18 of the Revised Code. If the value of the property or the amount of physical harm involved is five thousand dollars or more but less than one hundred thousand dollars, vandalism is a felony of the fourth degree. If the value of the property or the amount of physical harm involved is one hundred thousand dollars or more, vandalism is a felony of the third degree.
(F) For purposes of this section:
(1) “Cemetery” means any place of burial and includes burial sites that contain American Indian burial objects placed with or containing American Indian human remains.
(2) “Serious physical harm” means physical harm to property that results in loss to the value of the property of five hundred dollars or more.
Topic Expanded: Vandalism
The vandalism defense lawyers at The Mullen Law Group excel in representing clients in all aspects of vandalism cases. Vandalism is a serious charge that can have severe consequences. The Mullen Law Group’s vandalism lawyers have extensive experience defending clients from vandalism allegations and are committed to providing an aggressive defense on the clients behalf. In a vandalism case it is essential to have a dedicated attorney that engages early and strives to get the case either dismissed or settled out of court. Have Wisconsin’s premier vandalism attorneys prove their success in settling cases out of court and preventing charges from ever being filed.
If charges of a vandalism related crime have been filed or are in process, an experienced vandalism defense team will be able to improve the outcome. Remember, it is easier to prevent a vandalism charge from being filed than it is to receive a not guilty verdict in court once it has already been charged.
It is extremely important to hire a criminal vandalism attorney to represent your best interests. The primary goal is to keep you out of the criminal court system so you can move on with your life without the danger of a lengthy prison sentence or a criminal record. The Mullen Law Group’s vandalism lawyers maintain an extremely high rate of success. Our determined focus is to:
- Keep a felony or misdemeanor vandalism allegation out of court
- Use our knowledge base to settle strategically
- Fight for the best outcome our client is facing
In some situations, it may be difficult for the prosecution to pursue or prove a vandalism case. This is due to the fact that the intent of the defendant is a key part of the charges. To be convicted of committing some type of vandalism, the prosecution must prove beyond a reasonable doubt that the defendant intentionally made the attempt to or actually committed vandalism. If a vandalism case goes to court, there is often no recovery of losses for the plaintiff because a judgment is ordered. The judgment can often include jail time, making recovery of losses very difficult. Settling out of court is the most beneficial option for both parties; the plaintiff has a better chance of recovering losses and the accused can avoid serving time in jail or prison.
Although the evidence may seem substantial, there are many options an attorney can use to challenge the vandalism charges. It is important to act quickly to involve a legal professional who can properly assert rights and act as a knowledgeable voice inside and outside of the courtroom. Our criminal defense lawyers have achieved amazing results in vandalism cases during the pre-file stage as well as in the courtroom. Our attorneys have the expertise to have vandalism cases completely dismissed, or pursue a lower sentence for the client.
Don’t let a vandalism charge jeopardize your future, contact us immediately to find out how an exceptional vandalism attorney can help you.
We know you need the best in knowledgeable legal representation from a criminal law firm that treats your case with consideration and genuine concern. We look forward to hearing from you when you call (888) 375-3056 for a FREE confidential consultation.