Malicious Defacing of Property of another is no joke in Oklahoma. One September, dozens of tires were slashed at an apartment complex in East Tulsa. Residents suspected it may have been a prank, but did not find the thousands of dollars worth of damage to be a laughing matter. While some teenagers and juveniles may not intend to cause significant damage or real injury by certain misconduct, Oklahoma recognizes that vandalism can go beyond mere antics and enforces serious penalties for malicious mischief. Getting a knowledgeable lawyer is key to your malicious defacing of property defense.
Defining Vandalism
Oklahoma defines vandalism or malicious defacing of property as intentionally injuring, defacing, or destroying any real or personal property that is not your own. Malicious defacing property of another can be prosecuted as a felony or a misdemeanor depending on the damage. Under Tit. 21 § 1760 every person who maliciously injures, defaces or destroys any real or personal property is guilty of:
- A misdemeanor, if the damage causes a loss which has a value of less than One Thousand Dollars ($1,000.00);
- A felony, if the damage causes a loss which has a value of One Thousand Dollars ($1,000.00) or more; or
- A felony, if the defendant has two or more prior convictions for an offense under Tit. 21 § 1760, notwithstanding the value of loss caused by the damage.
Any person who is in violation of § 1760 will also be liable “in treble damages” for the injury. This means that the court can triple the amount of compensatory damages to award the plaintiff in a civil action if the court rules in their favor. So if your vandalism caused the plaintiff $10,000 worth of loss, you could end up owing them $30,000 in damages if they prevail in a lawsuit against you. Having an experienced attorney at your side to fight these damages will be major advantage in your case.
See more at our Creek County Attorneys Law Blog
Speak with a Criminal Defense Attorney
Whether you or a loved one is facing charges for malicious defacing property of another, the best course of action would be to contact a criminal defense attorney. Our team of Creek County Criminal Defense Lawyers will fight to protect your rights and will provide the best possible legal strategy for your case. Call us at 918-209-3709 for a free and confidential consultation today, or ask a legal question here.