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Would I face criminal liability under California's criminal code for vandalism to my wife's car?
Vallejo, CA
Viewed 220 times.
Posted about 1 year ago in Criminal Defense
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Vandalism:
my wife and I live together. We both have vehicles. Her car is in her name. If I vandalize her car (break a window), can I be prosecuted for the damages civily or criminally?
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Answers (3)David Alexander Phipps
This attorney is licensed in California.
Posted about 1 year ago.
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Yes.
This answer must not be relied on as legal advice for the reasons posted here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney. David Carl Beyersdorf
This attorney is licensed in California and 1 other state.
Posted about 1 year ago.
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Yes. California is a community property state. I have even seen married people prosecuted for intentionally damaging their own property that is only in their name and not their spouse's name. The theory is that even though the item (car, cell phone, etc.) is in your name, your spouse has a community property interest in the item and is harmed when you damage the item. If you are thinking about doing it, DON'T. It's not worth the headache. If you have already done something like this, close your mouth and don't talk to the police when they come to question you. Good Luck
David C. Beyersdorf Alec Scott Rose
This attorney is licensed in California.
Posted about 1 year ago.
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Depending on the facts, you cold be prosecuted for domestic violence or other offenses, even if you own or jointly own the destroyed property. Your wife could also apply for a restraining order. You should speak to an experienced local criminal defense and/or family law attorney to discuss the specific facts of your case.
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