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Would I face criminal liability under California's criminal code for vandalism to my wife's car?

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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Attorney answers (3)

Reputation Level 13
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
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Reputation Level 11
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.
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Reputation Level 15
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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