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    Congratulations Mark!
    Having earned 1,500 contributor points this year, we are pleased to present you with the Top Contributor Award.

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    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

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  5. Mark Deniz was recognized with the "Top Contributor" award by Avvo, which provides an open forum on which legal questions concerning DUI Defense and criminal law by qualified legal practitioners.

  1. AVVO Top Contributor

    Congratulations Mark!
    Having earned 1,500 contributor points this year, we are pleased to present you with the Top Contributor Award.

  2. reviews-avvo

    Congratulations Mark!
    Having earned 1,500 contributor points this year, we are pleased to present you with the Top Contributor Award.

  3. The prestigious legal rating service AVVO has consistently given Law Offices of Mark Deniz a "Superb" rating.

  4. Mark Deniz has been a member of the California State bar for over 11 years.

  5. Mark is involved with the San Diego Bar Association serving on its legal panel.

  6. Due to his legal experience Mark Deniz has the privilege of serving on several attorney panels.

  7. Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  8. Mark Deniz is a member of California DUI Lawyers Association.

  9. Nation's Premier | NACDA | Top Ten Ranking 2014

    Mark Deniz has been named one of The National Academy of Criminal Defense Attorneys “Top 10” Attorneys.

  10. Mark Deniz has been deemed by The Lead Counsel Rating for providing exceptional legal representation to individuals and businesses.

  11. The firm is a member of the better business bureau who ensures quality service for its clients.

  12. The National Trial Lawyers - Top 100 Trial Lawyers

    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  13. Mark Deniz is a member of the prestigious National College for DUI defense and has completed its intensive summer session curriculum conducted at Harvard Law School.

  14. Mark Deniz has received AVVO’s prestigious Clients’ Choice award

  15. Mark Deniz is a top contributor on Avvo providing outstanding legal advice. Mark Deniz also serves on the Avvo Legal Panel. The only San Diego Criminal Defense attorney who is on the panel.

  16. Proudly Serving the Community Service 2003

    Mark Deniz has proudly served as a member of the California state bar since 2003.

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    Mark Deniz has consistently been named one of the National Trial Lawyers Top 100 Trial Lawyers.

  18. Lawyer.com

    Mark Deniz has achieved Premium status for Lawyer.com which reinforces his credibility and status to the legal community.

  19. Mark Deniz was recognized with the "Top Contributor" award by Avvo, which provides an open forum on which legal questions concerning DUI Defense and criminal law by qualified legal practitioners.

Vandalism charges in San Diego? Vandalism and Domestic Violence. How to examine and beat a PC594 charge. San Diego Criminal Defense Lawyer Attorney explains.

My wife has been looking to upgrade her phone for some time. We earmarked the next iPhone to purchase. The news recently came out that said the iPhone could be $1000.00.

I immediately went to the thought of how a client can get a felony for breaking a phone. I have had multiple cases where the phone is the sole item that was damaged. Whether someone slapped it out of someone's hand or threw it in anger. With the prices on these devices going up, so will the issues.

Most prosecution offices have separate criteria on what makes a vandalism a felony. They know they can issue a felony at $400.00, but with the dollar amount and the situation may charge less. A threshold number many agencies use is $1000.00 (depending on the situation), which is why when the dollar amount is near or over that amount the seriousness of the case increases.

I want to go into a little more about what is vandalism here in San Diego. Call the Law Office of Mark Deniz now for a free consultation at (858) 751-4384.

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VANDALISM

Penal Code 594 PC, California's vandalism prohibits maliciously doing any of the following things to someone else's property:

• Defacing it with graffiti or other written material,

• Damaging it, or

• Destroying it.

When most people hear the term "vandalism," they may think of neighborhood kids who are smashing peoples' mailboxes.

But in fact the California crime of vandalism includes a number of activities that you might not immediately think of. Some examples are:

• During a fight with your husband, breaking picture frames and items around the house.

• "Keying" the car of someone you know as an act of revenge; and

• Slapping the phone from someone's hand who you are mad at.

And, in fact, vandalism charges are serious business in California. A vandalism conviction can result in penalties that include jail time and very large fines.

What is Vandalism here in San Diego?

The legal definition of vandalism in California revolves around three facts (known as the "elements of the crime"). The prosecutor is required to prove all three facts in order to convict you of vandalism under Penal Code 594 PC.

The elements of the crime of California vandalism are:

1 that you maliciously "defaced with graffiti or other inscribed material," damaged, or destroyed property,

2 that you did not own the property or owned it with someone else, and

3 that the amount of the defacement, damage, or destruction was either

a. less than $400 in a misdemeanor prosecution, or

b. $400 or more in a felony prosecution.

Legal defenses

But don't despair -- an experienced California vandalism defense attorney may be able to help you get Penal Code 594 PC vandalism charges reduced or dismissed. There are several legal defenses that could be helpful with this, including:

• You damaged someone else's property by accident;

• You were falsely accused; and / or

• You were the victim of mistaken identity.

Call the Law Office of Mark Deniz now for a free consultation at (858) 751-4384.

Taking a closer look

Let's take a closer look at some of these terms to gain a better understanding of the legal definition of vandalism in California.

Maliciously

Acting "maliciously" means that you either

1 intentionally do a wrongful act, or

2 act with the unlawful intent to annoy or injure someone else.

The amount of damage

If the cost to repair or replace the defaced, damaged, or destroyed item is less than four hundred dollars ($400), prosecutors can only charge you with misdemeanor vandalism.

If the cost is four hundred dollars ($400) or more, then vandalism becomes a wobbler in California law--which means that prosecutors have the option of charging you with either a felony or a misdemeanor.

Also, if you are accused of one or more acts of vandalism that the prosecution can prove were part of the "same intention, impulse and plan," then all the acts will be added together. If the total value of the damage is $400 or more, then the prosecutor may charge you with felony vandalism.

For example: Alyssa is mad at her fiancé Mike. In order to get even for his slights she breaks his $300.00 computer monitor, and four games worth $200.00.

So each act of vandalism is worth less than $400 -- but added together they are worth $500.

Given these facts, prosecutors could charge Alyssa with felony vandalism instead of two acts of misdemeanor vandalism.

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But keep in mind that just because the prosecutor charges you with felony vandalism doesn't mean that you will be convicted of felony vandalism. If, for example, the jury in a felony vandalism trial decides that you committed vandalism -- but is not convinced that the damage adds up to $400 or more -- they could convict you of misdemeanor vandalism instead.

Expunging your San Diego vandalism conviction

If you already have a vandalism conviction, you may expunge your San Diego Vandalism charge once you successfully complete probation.

Our firm can run an examination to determine if you are a viable candidate to terminate probation early and get off probation.

If you were convicted of a felony vandalism, you want to try to get the case reduced to a misdemeanor before expungement. Our firm is dedicated in helping people with these situations.

Call the Law Office of Mark Deniz now for a free consultation at (858) 751-4384.

Domestic Violence laws and Vandalism

As we discussed above, the crime of vandalism occurs when someone maliciously damages property that they own jointly with someone else. This scenario is most likely to occur in connection with domestic disputes -- when one spouse or partner, during a fight with the other, damages property they both own.

This means that vandalism charges are sometimes brought in connection with San Diego Domestic Violence (DV) charges.

The most common domestic violence offense is PC 273.5 (corporal injury/domestic violence on a spouse). This occurs when someone willfully inflicts a bodily injury on their spouse -- and the injury results in a "traumatic condition" like a visible wound.

Conclusion

I remember when I was a young prosecutor back in 2004 thinking how $400.00 was not a big threshold to get to. It is even more so now in 2017. It is essential to be more careful and to get the right defense when/if you are charged. Call the Law Office of Mark Deniz now for a free consultation at (858) 751-4384.

Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, Chula Vista DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Encinitas DUI, Oceanside DUI, Ocean Beach DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI, San Diego Expungement, San Diego Bench Warrant, San Diego Failure to Appear, San Diego Restraining Orders, San Diego Terminate Probation, San Diego Minor Possession of Alcohol, San Diego Probation Violation, San Diego Prop 47, Lakeside DUI, Lemon Grove DUI, National City DUI, Cardiff DUI, Racho Santa Fe San Diego DUI, Rancho Bernardo DUI, Spring Valley DUI, Solana Beach DUI, Leucadia DUI, Golden Hills DUI, North Park DUI, Torrey Pines DUI, Eastlake DUI, Paradise Valley DUI, it is vital you need to hire an attorney who knows how to d

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