What Is Vandalism? Definition, Elements and Examples – Forbes Advisor


If you are facing an indictment or arrested for vandalism, you have many options to defend against the charges. Here are some legal defenses you could raise.

Lack of Intent

You should be convicted of vandalism only if you intentionally cause damage to another person’s property. If there was no intent, there was no crime. Accidentally damaging the property of others is a defense.

Unclear Property Ownership

You could argue you thought you owned the property, as you usually cannot be charged with a crime for destroying or defacing your own possessions. You would need to prove that your confusion over ownership was reasonable and justified.

Lack of Damage

Typically, you face charges only if you actually caused damage to someone else’s property. If nothing happened to the item as a result of your actions, you may be able to avoid conviction.

Mistaken Identity

Sometimes, mistakes are made regarding who actually caused damage to property. If you can prove that you were mistaken for someone else, you should be acquitted.

Insufficient Evidence

Finally, if there is not sufficient evidence, a prosecutor can’t meet their burden of proof to get a conviction. In some cases, some evidence can be suppressed, which would mean prosecutors could not use it against you. This could happen if, for example, you were not read your Miranda rights before you were interrogated or if you were the subject of an unlawful search.

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