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For some people, graffiti is considered an art. It is sometimes even called, “street art.” However, from a legal perspective, graffiti is actually a form of vandalism. It is a criminal offense in all states of this country. It subjects the offender to various penalties and charges, and even puts a stain on your personal background, as it gives you a criminal record that can impair your personal and professional opportunities in the future. Laws pertaining to graffiti and vandalism vary from state to state but the penalties and charges are similar. To give you an idea, here are some of the repercussions of taking your “art” into the streets.
Different charges are imposed on different levels of graffiti and vandalism. Charges are usually broken down according to the value of damage, site of graffiti, and the offender’s criminal background. For example, for a first offense that involves a damage of less than $200, you will be charged with second-degree misdemeanor. For a first offense with a damage ranging from $200 to $1000, the charge will be first-degree misdemeanor. For a first offense and damage greater than $1000, second offense with any damage amount, and damaging of a public service or religious site, you will be charged with third-degree felony.
Just like with any criminal offence, the greater the extent of offense, the greater is the degree of charge and the more severe the penalties are. For first to second degree misdemeanor charge, you will have to undergo probation and pay a fine of $250 for first offense, $500 for second offense, and $1000 for third offense. Apart from that, you may also be subjected to a restitution to pay for the damage brought about by the graffiti. Community service may also be in order.
Now, for a felony conviction, a convicted may face a jail time of up to 5 years. A fine of $5000 should also be paid for. Additional fines of $250 for first offense, $500 for second offense, and $1000 for third offense will also be imposed. There will also be community service and restitution for damage.
If you have been involved in a graffiti offense, it is important to know what penalties you are up against if you are to be convicted. Getting legal help from an experienced criminal lawyer is your best move. Your attorney will protect your rights, defend your case, and help you determine the best legal action for your circumstance.
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