California law makes it unlawful to damage electrical, utility, or phone lines to prevent another individual from seeking help. Whether you engage in such an act in connection with a domestic or another incident, you can face charges under California PC 591. Based on the case factors, the prosecution can charge you with a misdemeanor or a felony.
Before a conviction, the court will require the prosecution to prove all the elements of the crime. After a conviction, you can be sentenced to incarceration, fines, and probation. In other cases, you can face additional charges if the crime resulted from a domestic violence incident. Even after completing your jail time and paying the fines, your criminal conviction will remain on your record. The record can be seen by individuals who run a background check on you.
If you face an arrest and charges under this statute, our legal guidance at CCLG: Los Angeles Criminal Attorney will go a long way for you. We serve clients facing various charges throughout Los Angeles, CA.
Understanding California PC 591
To convict you of violating this statute, the prosecutor needs to assess these elements of your crime:
You Damaged, Removed, Disconnected, or Interfered With the Equipment
The prosecutor must establish that you damaged or interfered with a utility or communication line before you are convicted. Common forms of damage include:
- Cutting a telephone line
- Damaging an electrical cable
- Disconnecting utility equipment
- Interfering with communication systems
The prosecuting attorney must show that some form of prohibited conduct actually occurred. Your presence near the damaged equipment is not enough.
The Property Was a Phone, Electrical, Communication, or Utility Line
The prosecuting attorney must also prove that the statute covered the damaged property. Protected property under this statute may include:
- Telephone lines
- Internet cables
- Electrical lines
- Utility wires
- Communication equipment
This component separates the offense from ordinary property damage or vandalism. The law protects infrastructure used for communication or utility services.
You Acted Willfully
The prosecuting lawyer must show that you intentionally caused the damage. It is not necessary that you intended to violate the law to show intent. For example, cutting a cable intentionally is different than hitting it accidentally during construction work.
You Knew They Were Interfering With the Equipment
The prosecutor must assert that you knew you were engaging in conduct that could affect the utility or communication equipment. If you reasonably believed that you had authority to perform the work, the court cannot find you guilty. The prosecution must present evidence that you knew your actions were wrong.
The Conduct Resulted in Damage or Interference
The final element that the prosecuting lawyer must prove is that your actions caused damage or interfered with the operation of the line or equipment. The evidence that the prosecution can use when establishing this element includes:
- Repair records
- Service interruption reports
- Photographs of the damage
- Testimony from utility employees
- Expert analysis
If there is no evidence that the equipment was damaged, the prosecution may have difficulty proving the charge. For this reason, evidence of actual damage or interference is often a major part of the case.
Sentencing Under Penal Code 591
Damaging electrical, phone, or utility lines is a California wobbler. The prosecution can file either a felony charge or a misdemeanor. When determining how to file the charges, the prosecution can consider these factors:
- The severity of the crime. The extent to which you damaged the utility or electrical lines can determine whether you face a felony or misdemeanor. In most cases, extensive damage will always attract felony charges.
- Your criminal records. California law treats repeat offenders more strictly. Therefore, the court will consider your criminal history before filing the charges. If you are a repeat offender, the prosecution will file felony charges. However, if this is your first offense, you may face a misdemeanor charge.
- The strength of the prosecutor’s case. In most cases, however, felonies require more proof than misdemeanors. If the prosecution fails to establish a sufficiently convincing case, they may resort to a misdemeanor charge.
- Your level of cooperation with police officers. In case a violation of PC 591 is reported to law enforcement, there is the possibility that you will be questioned and subjected to an investigation process. The Fourth Amendment of the Constitution of California grants you the right to remain silent and secure legal representation. Your cooperation with law enforcement may determine how the charges are filed against you.
As a misdemeanor, damaging electrical, utility, or phone lines is punishable by:
- A year in a county jail
- Fines that do not exceed $1,000
- Summary probation
As a felony, the crime can result in these penalties:
- A prison sentence of sixteen months, two or 3 years
- Fines not exceeding $10,000
- Formal probation
Probation for Violating PC 591
The court can impose a probation sentence instead of incarceration for violating PC 591. In California, a probation sentence does not come automatically. Your lawyer must negotiate for the sentence. You can receive summary or supervised probation based on the crime you committed. While you are on probation, a judge may impose the following strict conditions:
- Pay all fines. If the judge sentenced you to probation, you must pay all the fines and fees. Also, you may need to pay restitution to an individual to whom you may have caused financial losses.
- Avoid criminal activity. To complete your probation, you should avoid violating any other laws. Facing another arrest during this period counts as a serious violation.
- Check in regularly with your probation officer. If the court sentences you to formal probation, you must report regularly to your probation officer. This allows you to inform the officer of your progress.
- Complete community service. Probation allows you to avoid spending a lengthy time in detention. However, the judge will sentence you to a specific number of community service hours.
- Avoid drug and alcohol use. Sometimes, intoxication can be a reason for violating laws such as PC 591. If the court sentences you to probation under these circumstances, you will be required to stay away from drugs or alcohol. During your regular check-ins, you may be required to submit to random drug testing.
Violation of the conditions will lead to your arrest. If the court finds you liable for probation violation, the court may decide to void your probation and sentence you according to your original crime or the maximum sentence. However, the judge can also decide to reinstate your probation under new and tougher conditions.
Defenses Against Penal Code 591 Charges
Your conviction for damaging phone, electrical, or utility lines can continue to impact you after you serve your time and pay all the fines. However, not all arrests for this crime result in a criminal conviction. With the insight of a reliable criminal lawyer, you could present these defenses:
Lack of Intent
In proving PC 591 against you, the prosecutor must show that you had an intention to stop the other person from seeking assistance. At times, you may unintentionally destroy the communication equipment. This may happen when trying to fix the communication equipment or in any other scenario. In cases where your intention cannot be proved, you cannot be charged.
Accidental Damage
The district attorney must prove that your actions were intentional before the court finds you guilty of damaging electrical, phone, or utility lines. Not every damaged utility or communication line results from criminal conduct. Sometimes damage can occur due to a genuine accident. This may include during construction projects, landscaping work, vehicle collisions, and home repairs, which can all lead to unintended damage.
If your actions were not intentional, the attorney will argue that it was an accident, not an intentional act. You can provide evidence like certificates of clearance, maintenance receipts, and expert testimony to defend the case.
Mistaken Identity
Damage to utility and phone lines can occur in areas where multiple individuals have access. Sometimes, witnesses may have a wrong recollection of the events. Your attorney may challenge the accuracy of eyewitness testimony or other identification evidence. Some pieces of evidence you could use to support your defense for mistaken identification include:
- Cell phone records
- Employment records
- Video footage
When you create doubt in the prosecutor’s evidence, you could avoid a guilty verdict or face a reduced sentence.
False Accusation
Allegations of damaging phone, electrical, or utility lines are not uncommon in domestic violence incidents. Therefore, it is not uncommon to be a victim of false allegations. A spouse or domestic partner can wrongly accuse you. This may be a result of strained relationships or out of revenge.
Facing a conviction as a result of false allegations can be devastating for you and your family. Therefore, you should hire and retain a skilled lawyer to help you navigate teh case. Your lawyer could help you beat the charges by establishing an alibi for the time the damage occurred or by uncovering the motive behind the allegations.
Insufficient Evidence
To establish your guilt, there should be sufficient evidence for each element of the offense. In most cases, physical and eyewitness evidence are used to establish these elements. In case any of these elements lacks sufficient evidence, you can raise a defense that there is inadequate evidence. This will save you from conviction.
No Actual Damage or Interference Occurred
You could be convicted for violating this statute if the prosecution proves that you caused axial damage and your actions interfered with another person’s plan to call for help. In some cases, the machine may already be faulty, and damaging it will have no effect. In this case, evidence such as maintenance inspections and expert testimony can show that no damage was caused to the equipment.
Lawful Authorization or Permission
You cannot be convicted for damaging or modifying utility equipment if you had legal authority to work on it. Utility workers, contractors, and maintenance personnel often work on communication and utility lines. In case the act was committed when you were performing an authorized task, then you could use the incident as your defense. There are ways to prove that your actions were indeed legitimate through the following:
- Work orders
- Contracts
- Permits
- Testimonies of your superiors
Proving you were doing your job is one way to beat the accusation.
Expunging a PC 591 Conviction
The penalties for damaging phone, electrical, or utility lines go beyond prison time, probation, and fines. Often, your conviction will be entered into your criminal record. Criminal convictions in California are public record. This means that any person or organization that performs background checks can find the conviction and use it against you. Fortunately, you can explore different ways to ease the lasting consequences of your conviction.
Expungement is the process that allows a defendant to set aside their plea of no contest or guilty before the case is dismissed under CPC 1203.4. If you commit a misdemeanor under PC 591, you may file for expungement. In case you commit a felony crime, you may ask the court to downgrade the felony to a misdemeanor before filing for an expungement.
To expunge your conviction, you must meet these requirements:
You Have Successfully Served Your Probation
Many defendants facing charges for damaging telephone, electrical, or utility lines could receive probation in the place of incarceration. Before filing to expunge the conviction, you must have completed the probation. Probation completion involves serving the specific term. Also, you must have followed all the conditions imposed by the court.
If you violated probation, you can still receive an expungement. However, the judge will review the duration you have served and your performance during this period.
You are Not Facing a Sentence or Charges for Another Offense
Another requirement you must meet when filing an expungement is that you should not be facing charges for another offense. If you are in such a predicament, you must serve the sentence for that offense before filing a petition under PC 591.
Expunging ypur conviction for damaging phone, electrical, and utility lines offers many benefits. These include:
Better Employment Opportunities
Most companies conduct background checks before they offer you a job. When a criminal record has been expunged, it means that the court has dismissed your case, and you have served your time. Also, it can help you compete more fairly in the hiring process.
Improved Professional Licensing Options
If you work in fields such as healthcare, real estate, or contracting, you will need a valid license. It can be difficult to apply for or renew a license if you have a conviction under PC 591. An expungement may enable you to apply for or renew certain licenses.
Greater Confidence and Peace of Mind
An arrest could bring about tension and confusion in your life. But expungement will bring you peace of mind. Once the process is completed successfully, you will have the confidence to look for a job or get admission into any educational institution.
Crimes Related to Damaging Phone, Electrical, or Utility Lines
A violation of California PC 591 is a severe offense that can put you behind bars and affect other aspects of your life. The prosecutor can add the following charges to the case if you are charged with damaging utility lines:
Damaging a Communication Device to Prevent Help
Under CPC 591.5, it is unlawful to damage a communication device with the intent to prevent another person from seeking help. This statute commonly applies in domestic violence situations. However, it can also apply in other circumstances. Examples of communication devices addressed by this law include:
- Cell phones
- Telephones
- Landlines
- Internet-based communication devices
To prove a violation under PC 591.5, the prosecutor must prove the following:
- You damaged, removed, disconnected, or obstructed a communication device.
- The device you damaged could have been used to request help or contact law enforcement.
- Your actions were willful.
- You intended to prevent or delay someone else from seeking assistance
A PC 591.5 violation is usually a misdemeanor punished by:
- A year in county jail.
- A $1,000 fine
- Misdemeanor probation.
- Court-ordered counseling
If your conduct is connected to domestic violence, you can face additional penalties. Additionally, you can face additional charges for the underlying offense.
Burglary (PC 459)
You commit burglary when you enter a building, room, structure, or a locked vehicle with the purpose of engaging n criminal activity. You could be arrested and charged under PC 459 even when you do not go through with the intended offenses. Entering the structure forcefully is enough to establish your violation. To establish that you violated PC 459, the prosecutor must show the following:
- You entered a building, room, structure, or other qualifying property.
- At the time of entry, you intended to commit a crime
- Your violations were deliberate
The prosecution does not need to assert that you committed the intended offense. You could be charged with burglary alongside PC 591 if, during the burglary, you damaged a communication line to prevent the victims from calling the police. Burglary can be charged as first- or second-degree, depending on the factors of your case. You commit first-degree burglary, then you enter an inhabited residence to commit a crime. This may include an apartment, house, or occupied dwelling. First-degree burglary is a felony punished by:
- Two, four, or six years in state prison.
- Formal probation
Second-degree burglary generally involves commercial buildings and other non-residential structures. When charged in the second degree, burglary is a wobbler offense. This means that the prosecutor can choose to file your charges as a felony or a misdemeanor. The penalties in this case include the following:
- Up to a year in jail
- A maximum of three years’ state prison for a felony.
- Fines
- Probation.
Vandalism and Graffiti (PC 594)
California PC 594 makes it a crime to vandalize another person’s property. Vandalism occurs when you intentionally damage, destroy, or deface property that does not belong to you. Graffiti is a common form of vandalism. It includes writing, drawing, painting, or marking property without the owner’s permission. Other examples of vandalism include:
- Spray-painting a wall.
- Breaking a window.
- Keying a vehicle.
- Damaging a fence.
PC 594 applies to both public and private property. Before your conviction for vandalism, the prosecutor must show that:
- You damaged, destroyed, or defaced property
- The property belonged to someone else
- You acted willfully.
- You did not have the owner’s consent.
The penalties you will face for vandalism vary based on the amount of damage caused. If the damage is less than $400, the prosecution will file misdemeanor charges. The penalties in this case include:
- A jail sentence not exceeding one year
- A fine not exceeding $1,000
- Misdemeanor probation
- Restitution to the property owner
If the damage exceeds $400, you could face felony charges. The penalties could include:
- A sentence of 16 months, 2 or 3 years
- Higher fines
- Formal probation
- Restitution for repair or replacement costs
Sometimes, the judge may order you to enter a community service or graffiti removal program. You must complete these requirements to stay out of jail. If you fail to do this, you can be arrested and sentenced to more time behind bars.
Find a Skilled Criminal Attorney Near Me
You may be charged under Penal Code 591 if you intentionally destroy any telephone, utility, or electrical lines to hinder another person from seeking help. Even though this offense is prevalent during domestic abuse cases, it can occur in other situations, such as in a burglary or kidnapping case. To secure a conviction against you, the prosecutor needs to prove the elements beyond a reasonable doubt.
Penal Code 591 can end in a felony or a misdemeanor, depending on how it is interpreted. The charge carries jail time and fines for those who commit it. If the case results in a felony, its repercussions might affect you negatively in your professional and personal life. If you face these charges, you can benefit from the insight of an experienced lawyer.
Your attorney will guide you to build a defense and escape the consequences. At CCLG: Los Angeles Criminal Attorney, we offer legal guidance to clients facing criminal charges around Los Angeles, CA. Call us today at 323-922-3418 for the assistance you need.
