What if I’m Charged With Vandalism in Tennessee?

If you are being charged with vandalism in Tennessee, understanding the potential penalties and your legal options is crucial. Continue reading and contact an experienced Memphis criminal defense attorney for more information today.

What is Vandalism?

Vandalism is a serious property crime in Tennessee. Generally, the offense involves knowingly or intentionally damaging, defacing, destroying, or otherwise injuring any real or personal property of another without their consent. One of the most important elements is that the person acted knowingly, meaning they were aware that their actions could cause damage or interfere with someone else’s property rights.

Under TN Code § 39-14-408, a person commits vandalism when he knowingly:

1. Causes 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;
2. Solicits, directs, aids, or attempts 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;
3. Damages merchandise offered for retail sale by a retail merchant; or
4. Facilitates commission of vandalism of a retail merchant or acts as an accessory after the fact to vandalism of a retail merchant.

Examples of vandalism in Tennessee include spray painting or writing on public or private buildings, walls, or property, breaking windows, slashing tires, cutting fences, or damaging mailboxes belonging to another person, defacing public monuments, parks, or street signs, and any actions that render property useless or significantly decrease its value, even if the action doesn’t involve outright destruction, such as clogging pipes or pouring substances into machinery.

The severity of the charge often depends on the monetary value of the damage caused, but the definition revolves around the unauthorized, intentional destruction or defacement of property.

What if I’m Charged With Vandalism in TN?

The penalties for a vandalism conviction in Tennessee are directly tied to the monetary value of the property damage caused, resulting in varying felony or misdemeanor classifications. The offense is penalized in the same way as theft.

If the damage is valued at $1,000 or less, the crime is classified as a Class A misdemeanor, punishable by up to 11 months and 29 days in jail and a fine of up to $2,500.

Vandalism becomes a felony when the damage exceeds $1,000:

• $1,000 to $2,500 is a Class E felony, potentially resulting in 1 to 6 years in prison.
• $2,500 to $10,000 is a Class D felony, carrying 2 to 12 years in prison.
• $10,000 to $60,000 is a Class C felony, with a prison term of 3 to 15 years.
• Over $60,000 is a Class B felony, which can lead to 8 to 30 years in prison.

Besides jail time and fines, a person convicted of vandalism is also typically required to pay restitution to the property owner for the full cost of the damage. Additionally, the court may impose probation, community service, or require mandatory counseling.