In Tennessee, a person may be convicted of the crime of Misdemeanor Vandalism if the prosecution proves beyond a reasonable doubt that the person caused damage or destruction to the property of another person or the local, state, or federal government without the owner’s consent. Under Tennessee law, “damage” includes, but is not limited to:
1) Destruction of property; or
2) Pollution or contamination of property; or
3) Tampering with property that results in the property being reduced in value or causing a substantial inconvenience to another person.
[Source: Tennessee Code Annotated § 39-14-408]
Tennessee law specifies that penalties for a Vandalism conviction depend upon the value of the property damaged and increase as the value of the property increases. Property damage of $1,000or less is a Class A Misdemeanor. A conviction for Vandalism in Tennessee with property damage in this range will result in some or all of the following penalties:
- A sentence of up to 11 months and 29 days in jail;
- A probationary period;
- Restitution (Payment for damage to property);
- A fine of up to $2,500.00; and
- Court costs.
If the value of property damage is greater than $1,000, the offense is classified as Felony Vandalism in Tennessee.
Should I Hire A Lawyer?
As can be ascertained from the above information, a Misdemeanor Vandalism conviction may result in jail time and, if convicted, the Vandalism charge will remain on your criminal history forever (except in rare circumstances). As a result, a potential employer may uncover a record of a conviction for this offense through a request for an applicant’s criminal history. An experienced Tennessee Criminal Defense Attorney provides the best opportunity to avoid a jail sentence or a conviction.
Other Consequences of a Vandalism Conviction
In addition to the court-mandated penalties described above, a person convicted of Vandalism may also experience serious collateral (other) consequences. A Vandalism conviction may result in the loss of college scholarships or the ability to seek admission to a higher learning institution. A conviction may also impact one’s ability to maintain or seek employment, and result in negative action to a professional license (e.g., nursing).
Except in rare circumstances a conviction for Vandalism will ALWAYS stay on a person’s public record (criminal history). This means that current and future employers may access records of Tennessee criminal convictions. For more information about Tennessee expungement law, you may wish to review the information contained on our sister website, http://www.eraseyourrecord.com/index.html.
Why Hire a Lawyer Immediately?
It is important to act quickly in order to gather and preserve favorable evidence. Certain witnesses need to be interviewed as soon as possible. Key evidence (faces, dates, events, and conversations) fades from memory over time. Also, video recordings and other evidence may be destroyed. Therefore, it is critical to begin an investigation as soon as possible to ensure valuable evidence is not lost. Success or failure in any criminal case may be determined in the decisions of the defendant and his or her Tennessee Criminal Attorney in only a few hours or days after an arrest.
Contact Us Today
If you or someone you know has recently been arrested, contact the Oberman & Rice Law Firm today so that we can begin preparing a defense for your case. Submit your information for a free case evaluation from our Knoxville Criminal Defense attorneys or call our office at 865-249-7200.
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