Someone may insist that the spray painting they have completed is a work of art. Nevertheless, this activity is still considered vandalism if it was done on someone else’s property without permission. That property can be anything from a bridge to an empty warehouse to a railroad freight car. Those arrested for this activity are charged with a criminal offense and need criminal lawyers in Mankato, MN for legal representation.
Ignorance of the Law
Even if the offender truly did not understand that this was a crime, it’s commonly said that ignorance of the law is not an adequate defense. Someone might see so much graffiti on boxcars that it seems like this must be legal, but it definitely is not.
The Risk of Jail Time
Vandalism is a nonviolent crime, but it can still lead to jail time. If the damage to the property exceeds a certain amount of money, the charge may be a felony. In addition to a jail sentence, the person may be required to wash or otherwise repair the damaged property. If jail time is waived, the person may have to serve a community service sentence involving cleaning up graffiti in the city.
A judge may be more inclined to issue a harsh sentence if the graffiti was sprayed on a more sensitive building, such as an elementary school or a church. The possibility of a jail sentence in this situation is a significant risk, so the person will benefit from hiring private criminal lawyers in Mankato, MN.
Defending Against Witness Testimony
Often, the graffiti artist is not caught in the act. Instead, witnesses make an identification after the suspect was determined to have been in the area. Perhaps this person is a well-known graffiti artist and the painting was done in their own unique style.
A defense attorney from an organization like Blatz Law Office, LTD. may state that this has been a claim of mistaken identity. Undermining eyewitness testimony may be done if there is any question about the identification. For example, it may have been dark outside or the witness may have been a good distance away.
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