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What to Expect if You’re Charged with Vandalism in San Francisco
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- 1 What to Expect if You’re Charged with Vandalism in San Francisco
What to Expect if You’re Charged with Vandalism in San Francisco
Getting charged with vandalism can be scary. But don’t worry – this article will walk you through exactly what to expect if you’re charged with vandalism in San Francisco. We’ll cover the legal process, potential penalties, and defenses step-by-step in easy to understand language.
What is Vandalism?
Vandalism is when you deface, damage, or destroy someone else’s property without permission. This includes things like:
- Spray painting graffiti
- Keying a car
- Smashing windows
- Slashing tires
In San Francisco, vandalism can be charged as either a misdemeanor or felony depending on how much damage is done. Misdemeanors are less serious crimes with smaller punishments. Felonies are more serious with bigger punishments.
What Happens After You’re Arrested
If you’re arrested for vandalism in San Francisco, here’s what happens next:
- You’ll be photographed and fingerprinted at the police station.
- Police will search you and take away any weapons, illegal items, etc.
- You can make a phone call to a lawyer, relative, or friend.
- You’ll be held in jail until your arraignment, usually within 48 hours.
- Police will give you a document listing your charges, bail amount, and court date.
This part can be scary, but knowing what to expect can help you stay calm. The police are just following procedure.
Your Arraignment
Your arraignment is your first court appearance. This is when:
- The charges against you are read.
- You enter a plea of guilty, not guilty, or no contest.
- The judge decides on bail.
- A trial date is set if you plead not guilty.
Make sure to have a lawyer with you for guidance on what plea to enter and bail terms. If you can’t afford a lawyer, ask the court to appoint a public defender.
Setting Bail
After you enter your plea, the judge will decide on bail – the amount of money you pay to be released until your trial. For misdemeanor vandalism in San Francisco, bail is usually $5,000 – $10,000. For felony vandalism, it’s $10,000 – $25,000. If you can’t afford bail, you’ll wait in jail.
To get released, you’ll need to pay the full bail amount or use a bail bondsman. Bail bondsmen charge a fee, usually 10% of the full bail, to post a bond for the rest. This fee is non-refundable even if you show up for court.
Possible Penalties if Convicted
If you’re convicted of vandalism at trial or plead guilty/no contest, here are the possible penalties in San Francisco:
Misdemeanor Vandalism
- Up to 1 year in county jail
- Up to $1,000 fine
- Restitution to repair damages
- Up to 3 years probation
Felony Vandalism
- 16 months – 3 years in state prison
- Up to $10,000 fine
- Restitution to repair damages
- Up to 5 years probation
These punishments can really impact your life, so fighting the charges is important.
Building Your Defense
Don’t just plead guilty – meet with a criminal defense lawyer to build your case. Here are some possible defenses:
You Didn’t Do It
If you have an alibi or evidence proving you didn’t commit the vandalism, this can get the charges dismissed. Your lawyer can investigate and present this evidence in court.
Lack of Evidence
The prosecution must prove you committed vandalism beyond a reasonable doubt. If they lack strong evidence like eyewitnesses, surveillance footage, or your fingerprints, your lawyer can argue they haven’t met this burden of proof.
Wrongful Accusation
Police sometimes arrest the wrong person by mistake. If you were wrongly accused, your lawyer can demonstrate the flaws in the investigation leading to your arrest.
Self-Defense
Damaging property to protect yourself or someone else from harm can be legal self-defense. For example, breaking a window to escape an attacker. Your lawyer can argue you acted reasonably in self-defense.
An experienced lawyer knows the best defense strategies for your unique case. Don’t go it alone against the criminal justice system.
What About a Plea Bargain?
Many vandalism cases end in plea bargains instead of trials. This involves pleading guilty in exchange for reduced charges or a lighter sentence. For example, pleading to misdemeanor vandalism instead of a felony. While this avoids trial, it still results in a criminal conviction with life-long consequences. Talk to your lawyer before considering any plea bargain.
Diversion Programs
First-time offenders may qualify for diversion programs like:
- Community Justice Court – For misdemeanors, complete community service and pay restitution to avoid jail and have charges dismissed.
- Deferred Entry of Judgment – Plead guilty but charges dismissed after completing probation and other terms.
These programs give you a chance to avoid conviction. But you typically must admit guilt upfront, which can still harm you later.
Consequences of a Conviction
Being convicted of vandalism can negatively impact your life for years. You may face:
- Jail or prison time
- Difficulty finding a job and housing
- Loss of professional licenses
- Deportation if not a U.S. citizen
- Ineligibility for student loans and other government benefits
This is why fighting the charges is so important. An experienced criminal lawyer can help minimize consequences and protect your future.
Finding the Right Lawyer
Don’t go through this alone – the right lawyer makes all the difference. Look for a criminal defense attorney with experience winning vandalism cases in San Francisco. Meet with a few lawyers before choosing one you trust. Many offer free consultations. Be wary of lawyers making unrealistic promises though – no one can guarantee you won’t be convicted. With an experienced lawyer on your side, you’ll know what to expect and have the best chance at a positive outcome. So don’t wait to get legal help.