Vandalism is one of the oldest crimes, dating back to the earliest concepts of private property. The name itself comes from an ancient tribe that eventually sacked Rome. In South Carolina, those facing vandalism charges may face various consequences. If you face vandalism charges, consider speaking with an experienced criminal defense attorney in South Carolina.
Penalties for Malicious Injury to Animals or Other Personal Property
A crime that falls into the same category as vandalism is “malicious injury to animals or other personal property.” The penalties for this offense depend on the value of the property damage. If the property damage is valued at $2,000 or less, you are charged with a misdemeanor, which carries a maximum jail sentence of 30 days and a fine of up to $1,000.
If the property damage is valued at more than $2,000 but less than $10,000, the charge is a felony, and you may face up to five years in prison. The court also has discretion to set any fine amount. If the property damage is valued at $10,000 or more, this is also a felony, with up to 10 years in prison, and again, the court can impose any fine it decides.
When calculating the total property damage, the court generally considers the cost of repair or replacement. With rising inflation, repair costs are increasing much faster than lawmakers update this law. As a result, even a relatively minor act of vandalism can easily lead to repair costs exceeding $2,000, thereby triggering felony penalties.
What About Graffiti?
South Carolina also has a separate set of laws for “illegal graffiti vandalism.” These laws apply specifically to anyone who “tags” or makes any inscriptions on structures, vehicles, or “similar materials” on public or private property. As long as the graffiti artists did not have the owner’s consent, penalties may apply.
First-time offenders face misdemeanors and fines of up to $1,000. A jail sentence of up to 30 days may also apply. Second offenses within 10 years are also misdemeanors, but the fine increases to $2,000. The jail sentence also increases to up to one year. Third or subsequent offenses are also misdemeanors, but with a maximum fine of $3,000 and a maximum three-year jail sentence.
In addition, the court may order the defendant to either remove the graffiti personally or pay for the cost of removal. Finally, the court has the authority to order defendants to pay restitution to affected property owners.
Can a Vandalism Defense Attorney in South Carolina Help Me?
A vandalism defense attorney in South Carolina may be able to mitigate potential penalties and fight for your rights. Understanding the serious consequences is the first step, but acting quickly can make a crucial difference. Schedule your confidential consultation with Beasley Tomlinson Law today, call 864-712-4282 or visit us online to protect your future.