Can You Press Charges Against Someone If They Spit On Your Car? I Think That’s Road Rage.

You may perceive car vandalism as a small problem, not really a crime, with low costs to fix. But it’s actually much more serious. Every year millions of dollars are paid in insurance claims related to car vandalism. There can be serious consequences for this type of crime, which we’ll cover in this article.

Car vandalism refers to when someone defaces or destroys another person’s car without their permission. Types of car vandalism could include slashing tires, keying the car, smashing windows, or even egging the vehicle. Vandalism, under state laws, is a crime. Other legal terms that may be used are criminal damage, malicious damage, or malicious trespass.

For the police to arrest someone for the criminal charge of car vandalism charges, they need to have enough information for an arrest. There are different parts, or elements, to car vandalism. First is physical damage, that might be permanent but also might not be serious enough to destroy property. The second element for something to qualify as car vandalism is that it’s owned by someone else. It wouldn’t qualify as vandalism if you destroy your own car, for example. And the third element of car vandalism is that it must be intentional. If you accidentally damage someone’s car, you’ll likely be liable to pay for it, but it won’t be vandalism.

Court Cam: Man SPITS on Judge, Then Starts Jail Riot | A&E

California Penal Code Section 242 PC

To prove that someone is guilty of battery, prosecutors must prove that the person “willfully and unlawfully touched the other person in a harmful or offensive manner.”

Clearly, spitting on someone on purpose is a “willful” act. While it may not seem like but is it really an unlawful “use of force” or “violence,” it can definitely be a “touching” that is “harmful or offensive”

It will be the rare incident of spitting that will actually cause the “victim” any physical harm, but that is irrelevant for purposes of whether a criminal battery has been committed. You can still be convicted of misdemeanor battery even if there is no physical harm or injury and face up to six months in county jail and a fine of up to $2,000 dollars.

However, if you angrily direct your saliva towards a police officer, you could potentially face much more significant penalties. “Battery of a peace officer” under Penal Code sections 243(b) and 243(c)(2) can lead to a county jail term of up to an entire year, again, even if the officer wasn’t in any way hurt or injured.

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

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Section 14. Whoever expectorates or spits upon any public sidewalk, or upon any place used exclusively or principally by pedestrians, or, except in receptacles provided for the purpose, in or upon any part of any city or town hall, any court house or court room, any public library or museum, any church or theatre, any lecture or music hall, any mill or factory, any hall of any tenement building occupied by five or more families, any school building, any ferry boat or steamboat, any railroad car or elevated railroad car, except a smoking car, any street railway car, any railroad or railway station or waiting room, or on any track, platform or sidewalk connected therewith, and included within the limits thereof, shall be punished by a fine of not more than twenty dollars.

Most Common Types of Car Vandalism

There are different types of car vandalism. Here are the most common:

Spray painting someone’s car with the purpose of defacing: The most common tool used is a can of spray paint for a quick and easy way to vandalize. In this type of destruction, the vandal quite often wants to send a direct message. Many messages of this type are either racist, sexist or something else derogatory. To be repaired, the car owner will either have to have the entire car repainted, or replace panels.

“Egging” someone’s car: When an egg is thrown on a vehicle and not removed quickly, the repaint job can be expensive. The eggshell scratch the clear coat on the car. The scratches could be superficial, or they can be deep enough to penetrate to the base coat of paint on the car. The yolk of an egg is acidic and can damage or stain the base coat because it will eat through the clear top coat. Removing the eggs as soon as possible is essential because once the eggs dry, they are difficult to remove.

Keying someone’s car: Keying someone’s car is the most common type of car vandalism. It can be done quickly at any time and anywhere, and no one will even notice when it’s being done. Massive damage can be done just by running a key along the side of a car. Small scratches can be buffed out but if the scratches are deeper and require repair at an auto body shop.

Breaking car windows: Breaking car windows are a common cause of car vandalism. Side mirrors and headlights are sometimes included as well. Windows are easy to shatter and access can be gained to the vehicle through a broken window. Any valuables that are left in the car will be potentially stolen.

Slashing car tires: Not only does having your tires slashed cost money, but it also prohibits your ability to drive anywhere. Tires with big gashes become flat and are useless to drive on. Vandalism can occur quickly by someone just walking by with a knife. One quick stab at the tires and they’re ruined. Since this type of damage can’t be fixed, the tires will need to be replaced with new ones. Depending on what kind of vehicle it is, the cost of a set of tires can run from $400 to $800 for cars and more for trucks and SUV’s.

If the person or persons who vandalized your car are caught, there are different penalties. Most states will categorize damage that is less than $500 as a misdemeanor. A felony will be applied to any damage that is $500 or more. The amount can differ from state to state which some states saying that $250 is a misdemeanor. However, in other states, any car vandalism is a felony. Also, every state has its own penalties that cover vandalism. Below are the most common punishments for vandalism:

Jail: For vandalism, a jail sentence can range anywhere from a couple of days to several years in prison. This depends on the amount of damage done. Also, if the person has a previous criminal record, there could be an increase in penalties.

Fines: Each state has its own penalties for vandalism and can range from several hundred dollars to $25,000 or more if the offense is serious. The fines are paid directly to the court and not to the property owner.

Restitution: This refers to the money that’s paid to the owner of the property that has been damaged. It’s what is paid on top of the fine that’s paid to the court. Usually, the amount is enough so the owner can have their vehicle either repaired or if needed, replaced.

Community service: As part of the punishment for the vandals, they may be ordered to perform community service. The person has to serve a number of hours in a volunteer organization or other recognized community service as a condition of their probation. If they fair to perform community, the jail sentence and original fines will be reinforced.

Probation: The vandal can also be sentenced to probation in addition to or in place of a jail sentence. If any rules or conditions are violated within the probation, then the person can end up severing the original jail sentence instead.

FAQ

Is spitting on someone’s car a crime in California?

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Is spitting disorderly conduct?