Malicious Damage to Phone Lines
(in connection to domestic violence)
Did you know that if you purposely damage another’s phone or electrical lines you could be charged with a serious criminal offense under California law? According to California Penal Code section 591 it is a crime to ‘maliciously damage the phone or electrical lines of another’. The reason for this is that being connected is essential to being able to get in touch with emergency response services.
Most often a charge under Penal Code Section 591 will be brought in relation to an act of domestic violence. For example, a common scenario is that an angry ex-spouse cuts the phone lines of the former spouse and then forcefully enters the home to commit an act of battery or other form of domestic violence. Because the phone lines are cut, the alleged victim is unable to call for help.
In addition to general acts of domestic violence, a 591 offense can also be associated with such specific crimes as vandalism, battery, and corporal injury to a spouse.
The Elements of the Crime
In order to be convicted of a section 591 offense, the prosecution must prove the existence of several specific elements. These elements include proving that the defendant either:
- Unlawfully took down, removed, damaged or obstructed a telephone, cable television or electrical line or mechanical equipment connected to the line.
- Unlawfully severed a telephone, cable television or electrical line; or
- Unlawfully made an unauthorized connection with a line used to conduct electricity or mechanical equipment connected to the line; and
- The defendant did so maliciously.
Under the law, mechanical equipment includes a telephone. A malicious act is one in which a person intentionally commits a wrongful act or when they act with the unlawful intent to annoy or injure another.
What to Expect
If convicted of a damaging a phone, electrical lines or phone equipment crime, your punishment will fall under the auspices of the California wobbler offense. This means that the prosecution has the option to either charge you with a felony or a misdemeanor – the choice often coming down to both your criminal past and whether or not the 591 crime also involved an act of domestic violence.
A misdemeanor conviction could result in up to one year in a county jail, along with having to pay fines and various forms of restitution. A felony conviction, on the other hand, could result up to three years in a state prison.
Clearly, a California Penal Code section 591 conviction is a serious crime. To ensure your rights are fully represented, it is advised that you seek the services of an experienced California criminal defense attorney. For your free initial consultation, call the Law Offices of Jonathan I. Kelman at 310.286.1218 today.