Vandalism Charges in Las Vegas, Nevada
Vandalism / malicious destruction of property
Vandalism is taken very seriously by the legal system and can result in very stiff penalties and even jail time if convicted.
If you face vandalism charges in Las Vegas, you need to contact a local lawyer who knows how cases like yours are handled in Las Vegas courts and who can protect your rights.
We invite you to call the office of Heshmati & Associates at 702-432-1000 to discuss your case.
Vandalism: Definition
In general, vandalism can be defined as "deliberate destruction of or damage to public or private property." NRS 206.310 states, "Every person who shall willfully or maliciously destroy or injure any real or personal property of another, for the destruction or injury of which no special punishment is otherwise specially prescribed, shall be guilty of a public offense proportionate to the value of the property affected or the loss resulting from such offense."
Vandalism: Examples
Examples of vandalism offenses include:
- Breaking windows
- Keying someone else's car
- Smashing a mailbox
- Destroying graves
- Damage someone's personal property
- Spraying graffiti on a government building, places of worship (churches, synagogues, temples, or mosques), or schools
- Destroying road signs or billboards
- Destroying historical sites and natural monuments
All of this is called an act of vandalism and considered a crime.
Vandalism and cybercrime
The new form of vandalism is computer crime or cybercrime. Distributing malicious software or computer viruses over the Internet, breaching Internet security is an act of vandalism and is prosecuted in any state, including Nevada.
Misdemeanor or felony?
It could be both.
According to NRS 206 and 381, "Unless a greater penalty is provided by a specific statute and except as otherwise provided in NRS 381.225, any person violating any of the provisions of NRS 381.195 to 381.227, inclusive, is guilty of a misdemeanor." However, in some cases, if the damage is over $5,000, it can be a felony.
Vandalism charges: Penalty
In general, if the penalty depends on the amount of property damage caused.
| Property Damage | Charges |
|---|---|
| $0 - $250 | Misdemeanor |
| $250 - $5,000 | Gross Misdemeanor |
| Over $5,000 | Felony |
Nevada vandalism penalties may include fines, community service, and spending time in a local jail in addition to mandatory counseling and driver’s license suspension. The person may also require to clean-up, repair, or replace the damaged property.
Vandalism Charges: Defenses
There are legal defenses available to fight vandalism charges. Here are a few defenses that the attorney could use to protect you:
- It happened by accident without any malicious intention
- It was an act of creative expression with consent (in the case of graffiti)
- The defendant had an alibi
- There are no eyewitnesses
- The evidence against the defendant is inadmissible in court
Vandalism vs. breaking and entering/home invasion
The home invasion/breaking and entering involve the illegal entry of an individual into an occupied home, apartment, trailer, business, or residence with the intent to commit a crime of robbery or another felony crime. Breaking and entering or home invasion is different from vandalism, even so, breaking and entering can involve vandalism crimes in addition to other crimes. You will find more information about a home invasion in our "Breaking and Entering" article.
Vandalism vs. burglary
Vandalism is different from burglary. The burglary is entering a structure with the intent to commit a crime, while vandalism involves the malicious destruction of another person's property. Nevada burglary laws defined in NRS Chapter 205.060. Read our article "Burglary Charges in Nevada" for more information on burglary charges.
Vandalism vs. robbery
Vandalism is different from robbery. Robbery is the use of force or the threat of force to steal another person's property. NRS Chapter 200.380 explains Nevada robbery laws. Our article "Robbery Charges in Nevada" covers robbery crimes.
We can help
If you face vandalism charges, call us at 702-432-1000 to discuss your case. The criminal charges that you are facing can, in some cases, be negotiated, reduced, and, occasionally, dismissed.
The initial consultation is always free.
The attorneys at Heshmati & Associates represent clients in Las Vegas, North Las Vegas, Henderson, Laughlin, Mesquite, and and the rest of Nevada.
