Can You Be Charged with Vandalism Without Proof?

Technically, yes. You can be charged with vandalism without proof. Prosecutors and grand juries sometimes charge defendants based on witness statements or circumstantial evidence instead of concrete evidence linking them directly to the alleged offense. The real and more important question is whether you can be convicted of vandalism without proof. Spoiler alert. No. You can’t.

If you’re facing vandalism charges, it’s in your best interest to discuss your case with a reputable vandalism attorney in Tennessee promptly to explore your legal options.

What Exactly is the Crime of Vandalism?

Under Tennessee law, vandalism refers to the act of intentionally damaging, destroying or defacing another’s property. It can be charged as a felony or misdemeanor depending on the severity of the property damage. Common examples of vandalism include keying a vehicle, defacing public buildings with graffiti, or breaking windows, among many others.

Vandalism penalties can include fines between $2,500 and $25,000, community service, restitution, and imprisonment between one and 30 years. The prosecutor must prove these key elements of vandalism to secure a conviction. These elements include intent, damage, and lack of consent.

For example, you must have willfully defaced or damaged someone else’s property. Likewise, the property must have sustained tangible damage. Additionally, the property owner didn’t consent to having their property damaged. Your Tennessee vandalism lawyer can help you understand the laws that apply to your specific case.

The Importance of Proof in Vandalism Cases

Physical proof is key in all criminal cases. If the prosecution does not have direct concrete proof, such as DNA, photos or videos of the defendant while vandalizing, or fingerprints, they’ll have no choice but to build their case using other types of evidence, such as:

Motive – The prosecution may argue you had a reason for vandalizing the property.
Circumstantial Evidence – This can include things in your possession that link you to the vandalism incident or your proximity to the crime scene.
Witness Statements – Someone may say they witnessed you committing vandalism or heard you admit doing it.

Fortunately, with a skilled Tennessee vandalism attorney working on your case, these forms of evidence may not be enough to convict you of vandalism. So, while you can be charged with vandalism without proof, you cannot be convicted without proper proof. The onus is on the prosecution to prove you’re guilty of vandalism beyond a reasonable doubt.

If you have been charged with vandalism without solid evidence linking you to the offense, your attorney can ensure your rights are protected and challenge the case against you. They can assess the available evidence to determine any inconsistencies or weaknesses or show that you did not commit the crime. Your Tennessee vandalism lawyer will also negotiate with the prosecutor to seek alternative resolutions or reduce your charges and file pretrial motions to dismiss the case or suppress evidence.

Our Proactive Vandalism Defense Lawyers Can Help

Don’t take any chances when it comes to your freedom. Contact our vandalism attorney in Tennessee online or by calling 931-954-1066 for your confidential case review and to get the legal guidance you need.