Keying a Car

My question involves criminal law for the state of: Vandalism CA PC 594

I don't know what I was thinking, got mad and keyed a car. Someone was in the car and caught me. Police was called but I denied it. Officer couldn't do anything but other party did a citizen's arrest and I have a court date. I would like to get a hold of the party and pay for the damages and put this behind me. Any way I can get their information by obtaining the police report and not have police suspect I admit to it? Or should I deny my way through and hope for the good since the guy was the only witness, his words against mine. Please help.

Your attorney can get a copy of the report. Even if you do agree to pay for the damages, you can still be prosecuted.

While you might deny it being you, chances are the guy who was the victim will be rather credible. It is doubtful your attorney will put you on the stand art all - especially if he believes you intend to commit perjury. So about all you can hope for at trial is that the witness comes across inarticulate or cannot identify you for some reason.

Doe's the car that you keyed belong to someone you know, or was it a person that you never seen before?

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Quoting doodle_

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Or should I deny my way through and hope for the good since the guy was the only witness, his words against mine.

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I don't think this will work, and I know it won't work if you try to contact the victim so you can pay for damages. Keep your fingers crossed if you decide to take this route.

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Quoting Who'sThatGuy

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Doe's the car that you keyed belong to someone you know, or was it a person that you never seen before?

I don't think this will work, and I know it won't work if you try to contact the victim so you can pay for damages. Keep your fingers crossed if you decide to take this route.

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it's someone i dont know.

damn this really sucks

The only way you could win is if the victim states that he saw you by his vehicle and noticed that the side of his vehicle was keyed.

If the victim states that h/she physically seen you key there car, then you are going to have a tough time convincing the court otherwise.

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Quoting Who'sThatGuy

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The only way you could win is if the victim states that he saw you by his vehicle and noticed that the side of his vehicle was keyed.

If the victim states that h/she physically seen you key there car, then you are going to have a tough time convincing the court otherwise.

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he didn't see me physically key it. apparently he was sleeping in the back seat, heard the scratch, came out a few seconds after and saw me at a distance walking away.

Well then I guess your testimony will be that you didn't key his car and that the key mark must have been done at an earlier time.

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Quoting Who'sThatGuy

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Well then I guess your testimony will be that you didn't key his car and that the key mark must have been done at an earlier time.

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His attorney will almost certainly NOT let him take the stand. First, because the attorney may well be suborning perjury. Second, because the prosecution will be able to ask anything they want and when he starts to hem and haw as to why he was near the car, or said what he did, etc., then it may bury him. The defense will merely try to highlight the fact that the witness did not SEE the suspect key the car ... though, it might be hard to explain that he was the only person near the car at the time.

I suspect a plea may be offered to permit him to repair the damages without going to trial ... but, every jurisdiction is different.

i just spoke to a lawyer and she informed me to not worry too much about this. it's a petty crime compared to what's out there. worst that can happen is to pay for damages, and community service and no jail time. best outcome is agreement from other party to pay for damages and no record. i'm really hoping for no jail time. lawyer fee is 2500.

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Quoting doodle_

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he didn't see me physically key it. apparently he was sleeping in the back seat, heard the scratch, came out a few seconds after and saw me at a distance walking away.

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unless there were a bunch of other people around the car, that is pretty damning.

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Quoting doodle_

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it's a petty crime compared to what's out there. worst that can happen is to pay for damages, and community service and no jail time.

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really?

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594. (a) Every person who maliciously commits any of the followingacts with respect to any real or personal property not his or herown, in cases other than those specified by state law, is guilty ofvandalism: (1) Defaces with graffiti or other inscribed material. (2) Damages. (3) Destroys. Whenever a person violates this subdivision with respect to realproperty, vehicles, signs, fixtures, furnishings, or propertybelonging to any public entity, as defined by Section 811.2 of theGovernment Code, or the federal government, it shall be a permissiveinference that the person neither owned the property nor had thepermission of the owner to deface, damage, or destroy the property. (b) (1) If the amount of defacement, damage, or destruction isfour hundred dollars ($400) or more, vandalism is punishable byimprisonment pursuant to subdivision (h) of Section 1170 or in acounty jail not exceeding one year, or by a fine of not more than tenthousand dollars ($10,000), or if the amount of defacement, damage,or destruction is ten thousand dollars ($10,000) or more, by a fineof not more than fifty thousand dollars ($50,000), or by both thatfine and imprisonment.

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I'm pretty confident in saying that even a simple scratch will cost more than $400 to repair.

but even if it is less than $400:

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(2) (A) If the amount of defacement, damage, or destruction isless than four hundred dollars ($400), vandalism is punishable byimprisonment in a county jail not exceeding one year, or by a fine ofnot more than one thousand dollars ($1,000), or by both that fineand imprisonment.

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jail time is a possibility.

Oh, and thinking simply paying for the damage is enough to get you off:

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(c) Upon conviction of any person under this section for acts ofvandalism consisting of defacing property with graffiti or otherinscribed materials, the court shall, when appropriate and feasible,in addition to any punishment imposed under subdivision (b), orderthe defendant to clean up, repair, or replace the damaged propertyhimself or herself, or order the defendant, and his or her parents orguardians if the defendant is a minor, to keep the damaged propertyor another specified property in the community free of graffiti forup to one year. Participation of a parent or guardian is not requiredunder this subdivision if the court deems this participation to bedetrimental to the defendant, or if the parent or guardian is asingle parent who must care for young children. If the court findsthat graffiti cleanup is inappropriate, the court shall considerother types of community service, where feasible.

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You will be paying for the damage regardless.

For a first offense, actual jail time is highly unlikely. However, probation, fines, community service, and restitution would be a near certainty.

At the very least, your anger is going to cost you a good deal of money - both for the attorney and then to pay for the damages to the car.

Between legal fees, restitution, court fees and the fine - it will be a $4,000 lesson.

If that doesn't teach you, I don't know what will.

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Quoting Who'sThatGuy

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Between legal fees, restitution, court fees and the fine - it will be a $4,000 lesson.

If that doesn't teach you, I don't know what will.

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this definitely has taught me a lesson. in a way i needed this, my temper finally caught up to me. i've never got in trouble before till now. as i was processing everything last night what calmed me down was knowing that despite of what went down, there are worst things that could have happened.

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Quoting cdwjava

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For a first offense, actual jail time is highly unlikely. However, probation, fines, community service, and restitution would be a near certainty.

At the very least, your anger is going to cost you a good deal of money - both for the attorney and then to pay for the damages to the car.

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I figured as much but the fact remains, it is on the table which is contrary to what the OP was told, or understood possibly.

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worst that can happen is to pay for damages, and community service and no jail time.

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Quoting Who'sThatGuy

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The only way you could win is if the victim states that he saw you by his vehicle and noticed that the side of his vehicle was keyed.

If the victim states that h/she physically seen you key there car, then you are going to have a tough time convincing the court otherwise.

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If I were the OP I would seriously consider plea bargaining ... I see it as being tougher than just tough ... but I don't know all the facts .. if the guy was sleeping in his car because he is a heroin addict then that may change the "flavor" of the case

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Quoting davidmcbeth3

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if the guy was sleeping in his car because he is a heroin addict then that may change the "flavor" of the case

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I'm 100% sure that if the guy was a heroin addict, the last thing he would be worried about would be keyed paint job on his car...;)

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Quoting Who'sThatGuy

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I'm 100% sure that if the guy was a heroin addict, the last thing he would be worried about would be keyed paint job on his car...;)

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heroin and his car: a non sequitur