Is typically a type of vandalism whereby a person intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner (without the owner's consent) with paint, an indelible marker or by using an etching or engraving device.
The Range of Punishment is between a Class B Misdemeanor to a 3rd Degree Felony, depending on the amount of damage and the details of the event.
The determination can be made based on the following damage amounts:
- Class B misdemeanor: if the amount of pecuniary loss is less than $500;
- Class A misdemeanor: if the amount of pecuniary loss is $500 or more but less than $1,500;
- A state jail felony: if the amount of pecuniary loss is $1,500 or more but less than $20,000;
- A felony of the third degree: if the amount of pecuniary loss is $20,000 or more but less than $100,000;
- A felony of the second degree: if the amount of pecuniary loss is $100,000 or more but less than $200,000; or
- A felony of the first degree: if the amount of pecuniary loss is $200,000 or more.
- Aerosol paint" means an aerosolized paint product.
- "Etching or engraving device" means a device that makes a delineation or impression on tangible property, regardless of the manufacturer's intended use for that device.
- "Indelible marker" means a device that makes a mark with a paint or ink product that is specifically formulated to be more difficult to erase, wash out, or remove than ordinary paint or ink products.
Gilbert G. Garcia, has practiced Criminal Law since 1978 and has been Board Certified in Criminal Law since 1989. The Gilbert G. Garcia Law Firm is the logical choice to represent you in your criminal case, providing the quality legal services you deserve in your most important matters.
Free initial consultations and reasonable fees. Personal payments plans available and most major credit cards accepted. Many issues are able to be handled via e-mail, phone calls and fax and after hours and weekend appointments are available upon request to meet the needs of each client.
Conveniently located on the Montgomery County Courthouse square since 1983.
For more information Contact Gilbert Garcia today at 936-756-3333.