Vandalism and Criminal Damage Charges in Georgia

Vandalism and criminal damage are serious crimes in Georgia that can lead to misdemeanor or felony charges, depending on the circumstances. This article will explain the laws, penalties, and defenses for vandalism and criminal damage charges in Georgia.

What is Vandalism in Georgia?

Vandalism refers to intentionally damaging, defacing, or destroying someone else’s property without permission. Common acts of vandalism include:

• Spray painting or tagging buildings, signs, vehicles, etc.
• Keying a car
• Smashing windows
• Slashing tires
• Breaking or destroying objects

Under O.C.G.A. § 16-7-21, vandalism is considered a misdemeanor criminal trespass offense in Georgia if the damage is valued at $500 or less.

If the damage exceeds $500, it can be charged as felony criminal damage to property under O.C.G.A. § 16-7-23.

What are the Penalties for Vandalism in Georgia?

Vandalism penalties in Georgia depend on the value of the damage:

• Less than $500 – Misdemeanor, up to 12 months in jail and/or fines up to $1,000
• $500 – $1,500 – High and aggravated misdemeanor, up to 12 months in jail and/or fines up to $5,000
• More than $1,500 – Felony, 1 to 10 years in prison and/or fines

Courts can also order restitution payments to compensate victims for losses and damages. Community service may be required too.

What is Criminal Damage to Property in Georgia?

In Georgia, criminal damage to property refers to intentionally damaging someone else’s property without consent. It includes vandalism offenses when the damage exceeds $500.

There are two degrees of criminal damage to property charges:

Criminal Damage to Property 1st Degree

This felony charge applies when:

• Damage to property endangers human life
• Damage causes an interruption of public services like utilities or transportation
• Damage is valued at $1,500 or more

The penalties are 1 to 10 years in prison and/or fines.

Criminal Damage to Property 2nd Degree

This can be a misdemeanor or felony charge. It applies when:

• Damage is between $500 – $1,500
• Damage is caused by fire or explosives

Penalties range from misdemeanor fines/jail time up to 1 to 5 years in prison if charged as a felony.

Defenses for Vandalism and Property Damage Charges

Here are some possible defenses if you are facing vandalism or criminal damage charges:

• Lack of intent – If the damage was an accident versus intentional, this could negate the charges.
• Misidentification – If you are wrongly accused and were not the actual person who caused the damage.
• Consent – If the property owner gave you permission to cause the damage.
• Intoxication – Voluntary intoxication could potentially be a mitigating factor that reduces intent.
• Self-defense – Damaging property in self-defense against harm may justify the actions.
• Necessity – Causing damage to prevent greater harm may be justified (i.e. breaking a window to save someone).

An experienced criminal defense attorney can evaluate the evidence and determine if any defenses apply in your case.

What Happens After an Arrest for Vandalism or Property Damage?

If you are arrested for vandalism or criminal damage to property, here is what you can expect:

• You will be taken to the police station for booking and processing.
• You will have the opportunity to make a phone call to an attorney or loved one.
• You will have bail set, which you can pay to be released until your court date.
• Within a few days, you will have an initial court hearing to be formally charged.
• Your arraignment where you enter a plea will follow within 4-6 weeks.
• After your arraignment, your case will proceed to the pre-trial and trial phase unless a plea deal is reached.

It’s important to have an attorney with you at every stage of the process to protect your rights. Don’t say anything to police without an attorney present.

Finding an Attorney for Vandalism or Property Damage Charges

If you are facing vandalism or criminal damage charges in Georgia, it’s essential to have an experienced criminal defense attorney on your side. Here are some tips for finding the right lawyer:

• Look for an attorney who specializes in criminal defense and has experience with property crimes.
• Ask about their track record defending vandalism and criminal damage cases.
• Find someone who is familiar with Georgia’s specific laws and court system.
• Select an attorney you feel comfortable with and can trust to fight aggressively on your behalf.
• Avoid lawyers who pressure you to plead guilty or seem disinterested in your case.
• Be prepared to discuss your charges, the evidence, and any possible defenses.
• Ask about legal fees and make sure they are affordable for your budget.

Having the right legal defense can make all the difference in getting charges reduced or dismissed. Don’t leave your future up to chance – consult an experienced criminal defense attorney immediately.

What Happens if I’m Convicted?

The consequences if convicted of vandalism or criminal damage to property depend on the severity of the charges and your criminal history:

Misdemeanor Conviction

• Up to 12 months in jail
• Fines up to $1,000 or $5,000 for high/aggravated misdemeanor
• Probation 1-3 years
• Community service
• Restitution payments

Felony Conviction

• State prison 1-10 years
• Felony record
• Fines
• Probation 3-5 years
• Community service
• Restitution payments

A vandalism or criminal damage conviction remains on your criminal record permanently and can impact future employment, housing, and other opportunities.

Avoiding Vandalism Charges in the Future

Once you complete your sentence, it’s important to avoid further legal issues in the future. Here are some tips:

• Control anger and find appropriate ways to settle disputes without violence or destruction.
• Avoid drugs and alcohol which lower inhibitions and impair judgment.
• Don’t associate with people who commit vandalism or property crimes.
• Get involved in positive activities like school, sports, or volunteering.
• Seek counseling or therapy if needed to address underlying issues.
• Pay any court fines promptly.
• Complete probation and community service requirements.
• Continue showing good behavior and following the law.

Summary

Vandalism and criminal damage to property are very serious charges in Georgia that require an aggressive legal defense. Misdemeanor vandalism applies to damage less than $500 while felony criminal damage charges apply when damage exceeds $500. Possible penalties include fines, jail/prison time, probation, community service, and restitution payments. An experienced criminal defense attorney can evaluate any possible defenses and represent your best interests in court. Avoid further legal issues by controlling anger issues, avoiding crime-prone associates, and demonstrating good behavior going forward.