Oklahoma statutes have malicious damage laws that address vandalism. The laws make a clear distinction between mere malicious mischief and vandalism. Thus, not all acts of malicious injury to property in Oklahoma City are vandalism.
Pranks, like the ones young people typically engage in, are not always classified as vandalism. A joke can be malicious and amount to bullying and unlawful harassment, but still not be classified as vandalism under Oklahoma law. Other crimes that may not look harmful may end up classified as vandalism or malicious mischief.
A charge of violating Oklahoma’s vandalism laws is rather severe. Whether it could be charged as a felony or a misdemeanor depends on the value of the property vandalized and the number of previous convictions.
- If a defendant has been prosecuted and convicted at least twice in the past for vandalism, they may face felony charges.
- The value of the property that is vandalized also determines the severity of charges brought against the defendant. If the property is worth $1,000 or more, the perpetrator may be charged with a felony. If the property is worth less than $1,000, the defendant may be charged with a misdemeanor in Oklahoma City.
Penalties For Malicious Injury To Property In Oklahoma City
A felony charge can attract up to three years in prison, while a misdemeanor crime could attract up to one year in jail.
Here are the types of vandalism that are often charged in Oklahoma.
1. Maliciously Defacing Property
It is against the law to maliciously deface and harm another person’s property, whether it is real or personal property. Oklahoma law allows the person whose property you deface to bring a civil suit against you for damaging and destroying their property. You could be made to pay up to three times the value of the property you defaced if found guilty in the civil hearing. Okla. Stat. tit. 21 § 1760
2. Destroying Collectible Art Or Literature
To tear up, destroy, disfigure, or break any work of literature such as a book, chart, picture, map, or statue in a museum, gallery, public library, or any other exhibition is a crime of malicious mischief. Where the property thus vandalized is worth more than $1,000, penalties can be up to three years in prison or up to one year in county jail. Okla. Stat. tit. 21 § 1785
3. Destroying Ornamental Improvements, Trees And Art
To destroy and disfigure artwork or monuments within a city is a misdemeanor. You may be charged with a misdemeanor crime if you damage any shade tree or monumental tree that does not belong to you, wherever it may be. Okla. Stat. tit. 21 § 1784
4. Vandalizing Landmarks
Malicious removal or defacement of any landmarks is against the law. It is a crime in Oklahoma to deface any landmarks, irrespective of what they are made of and what they mark. Okla. Stat. tit. 21 § 1774
5. Damaging Fruits And Other Trees And Shrubs
Cutting someone else’s fruit is destroying property. So is any injury such as cutting down, removing, breaking, bruising, or any other damage to a shrub, vine, tree, or hedge that does not belong to you. This crime attracts a fine ranging from $10 to $100 or up to 30 days in the county jail. Okla. Stat. tit. 21 § 1773
6. Vandalizing Bridges And Highways
If you maliciously destroy, break, dig up, or remove a highway or bridge in Oklahoma City, you may be charged with felonious vandalism. Okla. Stat. tit. 21 § 1753
These public works are meant to be safe, and destroying them can result in accidents that cause significant death or damage.
7. Destroying Railroad Or Railroad Equipment
Negligent or malicious damage to a railroad or its equipment could land you in trouble facing felony charges. This crime includes destroying or removing any part of the railroad track, buildings, or other equipment. It also includes obstructing lanes or any other part of a railroad where railroad vehicles travel. If convicted, you could spend up to four years in prison or six months in county jail.
If you are facing criminal charges for malicious mischief, you should get an Oklahoma City criminal defense attorney on your side. The charges carry rather severe penalties, and you want to avoid getting convicted.
Initial Consultation: Oklahoma City Criminal Defense Attorney
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For a initial consultation, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW) today.