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Rhode Island Vandalism Lawyer

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Rhode Island Vandalism Attorney

Vandalism is a serious charge in Rhode Island that can have serious consequences. The lawyers at Ellison Law LLC defend people accused of committing various types of property crimes in the State of Rhode Island including the crime of vandalism.

If you have been charged with any type of property crime, give us a call today at 401-593-8856. Property crimes are serious offenses with serious consequences and should not be taken lightly.

What is Vandalism in Rhode Island?

In Rhode Island, vandalism is when you willfully and maliciously damage or destroy another person’s property. Some examples of vandalism are painting graffiti, breaking windows, keying a car, slashing tires or breaking a phone. To put it simply: Rhode Island’s vandalism law prohibits you from making any willful or malicious act that harms or defaces someone else’s property.

Beyond the financial impact, vandalism can cause emotional distress for the victims, further emphasizing the seriousness of the crime. For these reasons, Rhode Island takes vandalism offenses very seriously and a conviction can result in hefty penalties, possible jail time, some type of restitution to the victims and community service.

What is Obstruction of Lawful Pursuits?

In Rhode Island, obstruction of lawful pursuits refers when you intentionally interfere with another person’s ability to use their property or carry out their lawful business activities. In Rhode Island, it is illegal to obstruct or prevent private individuals or businesses from exercising their legal rights or conducting legitimate activities.

This differs from other offenses like obstruction of an officer, which involves interfering with a law enforcement officer in the performance of their duties. Obstruction of lawful pursuits is instead focused on private individual’s properties or businesses and carries the same penalties as vandalism.

Is Vandalism a Felony or Misdemeanor in Rhode Island?

Vandalism is considered a misdemeanor that is punishable by up to a year in jail. Although it is not considered a felony, it can still have serious consequences. That’s why it’s important that you have a skillful criminal defense attorney, like the attorneys at Ellison Law LLC, to make sure that you get the help you need to achieve the best outcome.

What are the Penalties for Vandalism in Rhode Island?

  • Misdemeanor criminal conviction
  • Up to one year in jail
  • Up to $1,000 in fines
  • Potential restitution to the alleged victim
  • Potential community service
  • First conviction: 100 hours of community service
  • Subsequent convictions: 200 hours of community service

What are some Defenses to Vandalism charges in Rhode Island?

As with most criminal charges, the available defenses will vary and they’re based on the specific circumstances of each individual case. Here are some common defenses to vandalism in Rhode Island:

No Intent to Destroy: It can be a potential defense that you did not destroy property either willfully or maliciously. For instance, it could have been an accident or mistake.

Property Wasn’t Destroyed or Injured: It is a potential defense if the property was not destroyed.

It was Your Property: You could potentially show the property was not “property of another” and instead was actually your property.

It Wasn’t You: Many times people can lie to the police or are mistaken when saying you were the person who vandalized property. It is a potential defense to say you never did it. You could even potentially argue in some cases the damage was already there and you did not cause it.

Given the range of all the possible defenses, it is essential that you have an experienced criminal defense attorney who can identify and apply the most effective strategy to achieve the best outcome possible.

What are Some of the Laws Related to Vandalism in Rhode Island?

Rhode Island General Laws § 11-44-1 “Vandalism – Obstruction of lawful pursuits” states the following:

“(a) Every person who shall willfully and maliciously or mischievously injure or destroy or write upon, paint, or otherwise deface the property of another, or obstruct the use of the property of another, or obstruct another in the prosecution of his or her lawful business or pursuits, in any manner, the punishment of which is not specifically provided for by statute, shall be guilty of a misdemeanor and shall be fined not exceeding one thousand dollars ($1,000) and/or be imprisoned not exceeding one year, and shall be liable to make restitution for the injury or damage caused. Every person convicted of a first offense under this section shall be required to perform up to one hundred (100) hours of public community restitution work, and for a second or subsequent conviction shall be required to perform up to two hundred (200) hours of public community restitution work. Provided, further that every person who shall willfully and maliciously or mischievously injure or destroy or write upon, paint or otherwise deface government property, or obstruct the use of that property, shall be punished in accordance with this statute. Jurisdiction for matters involving government property shall be concurrent with the district court or the respective city or town police or municipal court.

(b) Where the provisions of The Domestic Violence Prevention Act, chapter 29 of title 12, are applicable, the penalties for violation of this section shall also include the penalties as provided in § 12-29-5.”

Can Vandalism be classified as a Domestic Violence offense in Rhode Island?

Depending on the case and the context, you may potentially face not only a vandalism charge but a domestic vandalism charge, which carries certain mandatory penalties from being a domestic violence charge. In this case, the defendant and alleged victim must be in a certain type of relationship that meets the criteria for a domestic relationship under Rhode Island General Laws § 12-29 to be classified as domestic vandalism. This is defined under the law as “spouses, former spouses, adult persons related by blood or marriage, adult persons who are presently residing together or who have resided together in the past three (3) years, and persons who have a child in common regardless of whether they have been married or have lived together, or persons who are, or have been, in a substantive dating or engagement relationship.” Domestic vandalism can be treated similarly to domestic assault and the consequences can have a significant and lasting impact on your life.

What Should I Do if I am Charged with Vandalism in Rhode Island?

If you are charged with vandalism in the State of Rhode Island, do not hesitate to contact an experienced Rhode Island criminal defense lawyer to help you with your charges today.

Contact the Rhode Island criminal defense lawyers at Ellison Law LLC for a Rhode Island Vandalism lawyer today at 401-593-8856.

Hiring a criminal defense lawyer in Rhode Island can be crucial for your future, since navigating the legal system in Rhode Island can be taxing and complex. The experienced Rhode Island criminal defense lawyers of Ellison Law LLC are here to help you with your charges today. Do not hesitate to contact the Rhode Island criminal defense lawyers at Ellison Law LLC today at 401-230-5520.

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We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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After being wrongly accused of a crime (OUI Marijuana), Mr. Ellison was appointed to be my lawyer by a judge. He fought daily to prove my innocence in court, was always available to talk to…

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Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

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I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

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- Exemplary Legal Representation: A Grateful Client’s Journey with Ellison Law’s Dedication, Expertise, and Compassion

Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

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"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Cranston Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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