What Are the Consequences of a Vandalism Conviction in Tennessee?

A person spray-paints colorful graffiti art with blue and green paint on a large canvas, surrounded by other vibrant painted surfaces. Only their arm and hand are visible.

When you think of vandalism, you may be picturing seemingly minor or juvenile offenses like graffiti or keying a car. However, it is a much more serious crime than many people realize. Vandalism is a property crime, and the consequences of a conviction can be severe. If you are being charged with vandalism or a related offense, it is crucial that you secure skilled legal representation. Continue reading and contact a knowledgeable Memphis criminal defense attorney to schedule your free case evaluation today.

What is Vandalism?

Vandalism generally occurs when a person intentionally causes damage to the property of another person. Tennessee law defines the criminal offense of vandalism in Tennessee Code § 39-14-408. Under this law, a person commits vandalism if they knowingly:

  • Cause damage to or the destruction of any real or personal property of another or of the state, the United States, any county, city, or town knowing that the person does not have the owner’s effective consent;
  • Solicit, direct, aid, or attempt to aid another to commit vandalism of a retail merchant, while acting with the intent to promote or assist the commission of vandalism of a retail merchant, or to benefit in the proceeds or results of the offense;
  • Damage merchandise offered for retail sale by a retail merchant; or
  • Facilitate commission of vandalism of a retail merchant or acts as an accessory after the fact to vandalism of a retail merchant.

Common examples of vandalism include spray painting or marking buildings, keying a car, breaking windows, damaging mailboxes, defacing signs, and more.

What Are the Consequences of a Vandalism Conviction in TN?

Under Georgia law, vandalism is classified as a property crime, meaning that it is charged based on the value of the damage rather than the act itself. If you are convicted of vandalism, you will be punished as you would for theft once the value of the damage has been determined.

The general sentencing guidelines based on the monetary value of the damage done are as follows.

  • $1,000 or less: Class A misdemeanor, up to 11 months and 29 days in jail, fines up to $2,500
  • $1,000 to $2,500: Class E felony, 1 to 6 years in prison, fines up to $3,000
  • $2,500 to $10,000: Class D felony, 2 to 12 years in prison, fines up to $5,000
  • $10,000 to $60,000: Class C felony, 3 to 15 years in prison, fines up to $10,000
  • $60,000 or more: Class B felony, 8 to 30 years in prison, fines up to $25,000

Depending on mitigating or aggravating factors, the actual penalties you incur may vary. However, the general sentencing is as listed above.

If you’ve been arrested for vandalism, do not hesitate to contact an experienced attorney at Ballin, Ballin & Fishman, PC.

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