It is impossible to lead a comfortable life without certain essentials. The essentials include telephone, electricity, and other crucial utilities. It is hard to communicate or power homes and businesses without these amenities. These amenities must always function so you can stay connected and call emergency help. It is, therefore, a crime to tamper with the normal functioning of phone, electrical, or utility lines with malicious intent. You could face severe penalties for damaging telephone, utility, or electrical lines. You could face penalties, including fines, a jail term, and probation. If you are accused of damaging phone, electrical, or utility lines, our attorneys at the Monterey Criminal Attorney can help you create a solid defense strategy against your charges.

Understanding The Offense Of Damaging Phone, Electrical, or Utility Lines

Most offenses categorized as domestic violence do not constitute physical assault or abuse. Damaging electrical, utility, or phone lines is a crime under Penal Code 591. In most situations, you can commit this offense when you are involved in domestic violence. You can damage telephone equipment or lines to prevent an emergency call or contact for help. Damaging a telephone line is a form of domestic violence crime when the supposed victim is one of the persons listed under Family Code 6211. You could face a mandatory sentence under Penal Code 1203.09 if you are guilty of this offense.

Damaging A Phone, Electrical, Or Utility Line As A Domestic Violence Offense

You could face charges under PC 591 regardless of your relationship with the alleged victim. However, there are instances where you could damage a phone line as part of domestic violence against a relative or loved one. You could do this to prevent the victim from requesting emergency services or contacting the police.

Courts have broadly interpreted Penal Code 591 to apply when you damage telephone equipment, but the statutory language of this law talks about damaging or cutting a phone line. You could be guilty of violating PC 591 if you knock a phone out of someone else's hand. Under this law, you could also be guilty if you bang someone's phone on the wall or disable it by taking out the battery.

Elements Of The Crime Under Penal Code 591

If the prosecutor accuses you of violating Penal Code 591, this law requires that the prosecutor prove the following elements:

  • You illegally disconnected, destroyed, took down, damaged, or removed a phone/electrical, cable TV line, or any mechanical equipment associated with the said line.

  • You unlawfully severed a phone, electrical, or cable line or made an unauthorized connection to an electrical line.

  • You acted maliciously.

You could be deemed to have acted maliciously if you intentionally commit an illegal act or act with the unlawful intent to injure or annoy someone else.

Examples of acts deemed as a violation of PC 591:

  • You get into a domestic argument with your spouse, and in the middle of the argument, your spouse tells you that he/she is calling the police. You then angrily grab the phone from your spouse and hit it on the wall. In this case, you could face charges under PC 591 because you intentionally damaged your spouse's phone to prevent them from requesting an emergency service.

  • You plan to rob someone's residence, and you decide first to destroy the telephone lines, interrupting phone services to the whole street. In this case, you could be guilty of damaging the telephone or electrical lines.

  • You decide to plant trees on the boundary of your farm. When you start making holes, you realize you have severely damaged underground telephone lines. In this case, you cannot face charges under PC 591 because your action was not deliberate.

  • You decide to secure cable TV without paying anything. You choose to splice off the services from someone else's cable box and severely damage the person's wires. In this case, you could face several charges, including violating PC 591.

Penalties For Violating Penal Code 591

Violating PC 591 is a wobbler. In this case, you could face misdemeanor or felony charges based on your criminal history and the facts surrounding your case. If you are charged with a misdemeanor, you could face a fine that does not exceed $1000. You could also face a jail term that does not exceed one year in a county jail.

On the other hand, if you are charged with a felony, you could face the following penalties:

  • Felony probation.

  • A fine that does not exceed $2000.

  • A jail term of up to 16 months, three years, or two years under Assembly Bill 109 realignment.

You could face charges under PC 1203.097 if the alleged victim is a current or former spouse, boyfriend, child, cohabitant, girlfriend, family member, or co-parent.

Conditions Of Probation

You will have to adhere to the following probation conditions if the judge sentences you to probation:

  • You could be ordered to complete a specified number of hours of community service.

  • Pay a fine that does not exceed $500 and is required to enroll and complete a domestic violence batterers program for 52 weeks.

  • Observing a restraining order preventing you from reaching out to the alleged victim.

  • Serving a minimum probation sentence of three years.

Expungement Of The Charges

You could have your Penal Code 591 charges expunged under Penal Code 1203.4. This can happen if you complete your jail term or probation, whichever the court imposes. If the court grants your record expungement request, you could be relieved from the challenges that come with a conviction. For example, you might not be able to secure a job because of your conviction. However, if your conviction record is expunged, you can answer "no" if a prospective employer asks whether you have been charged with an offense.

A conviction expungement will also help you do the following:

  • Apply to college and graduate programs.

  • Apply for a loan.

  • Receive a professional license.

  • Serve on a jury.

  • Rent an apartment.

Defenses Against Penal Code 591 Charges

You can employ several defenses to fight your 591 charges. You should consult an experienced criminal defense attorney to help you work on your defense. Your attorney can employ different defenses depending on the facts in your case. Some of the defenses you or your attorney could present include:

You Had An Alibi

An alibi defense could be valid if you were not at the crime scene when the offense happened. In this case, you could not have committed the crime because you were away. This defense can only work if your attorney presents witnesses to testify that you were elsewhere and not at the crime scene. Your attorney could also use surveillance tapes or receipts from your credit card to prove that you could not have damaged the telephone, utility, or electrical line. Your charges could be dismissed if your attorney's evidence convinces the judge.

You Were Coerced Into Confessing

Sometimes, during the interrogation, law enforcement could force you to admit to committing a crime when it is not true. Your attorney could present this defense if the police used illegal strategies to interrogate you. During interrogation, the law enforcement could use the following unlawful tactics:

  • Giving you false promises that you will receive special treatment if you admit to committing the offense.

  • Threatening or hitting you.

  • Continuous interrogation, even after you request them to call your attorney.

  • Denying you water, food, or sleep.

You can surrender and confess to being responsible for committing a crime when the police use the above strategies. If your attorney can prove that the police coerced you into admitting the crime, the judge can exclude your confession from the evidence. You should let your attorney know everything that happened before your arrest, during and after interrogation. When developing your defense, every detail counts. You should not withhold any crucial information from your attorney.

You Are A Victim Of Mistaken Identity

Many defendants are mistakenly accused of committing a crime, even when no malice is intended. Many people have been convicted of offenses they did not commit because of mistaken identity. You should hire an aggressive attorney to defend you if you are a victim of mistaken identity. Mistaken identity could occur as follows:

  • If the actual offender's car, appearance, or clothes resembles yours.

  • A presumption that you committed the offense — for example, in the past, you could have been arrested, and your neighbors are aware of it. In this case, the police and the neighbors could conclude that you are the perpetrator. A person could misidentify you as the offender if he/she sees you around the damaged telephone lines. This could happen if the description of the witness of the perpetrator matches your appearance.

A competent attorney could identify inconsistencies in the prosecutor's allegations and present a mistaken identity defense. Your charges could be dismissed if the judge is persuaded that you had nothing to do with the offense.

You Were Falsely Accused

In most situations, the destruction of electrical or telephone lines is only realized after the fact. At this point, people require clarification on who destroyed the line. Someone can accuse you of damaging telephone lines and other amenities out of malice or revenge. You cannot face charges if you do not damage the lines.

You Acted Because You Needed To

Your attorney could try to prevent your conviction under the necessity defense by proving that you had a valid reason to commit the crime. In the context of PC 591, your attorney could provide evidence to demonstrate that you damaged or disconnected the line because you had no choice. For example, your attorney can claim that you disconnected the line because of an emergency to prevent a criminal from talking to their gang.

The Act Was Accidental

In this case, your attorney must prove that whereas you could have destroyed a telephone or electrical line, the act was accidental. According to PC 591, this statute requires the prosecutor to prove you acted willfully intending to cause harm. You could, however, avoid a conviction if your attorney can cast reasonable doubt that the damage to the telephone, electrical, or utility line was on purpose. Your attorney could also bargain with the prosecutor for a reduced charge.

It Was Not A Malicious Act

You cannot face charges under PC 591 if your act was not malicious. Your attorney, however, must prove that you did not have malicious intent when you acted.

Related Offenses

Several offenses could be charged alongside Penal Code 591 because this crime is often committed when people are involved in acts of domestic violence. The judge could charge you with PC 591 or another crime because of the relationship. The following crimes are related to PC 591:

Witness Intimidation – Penal Code 136.1

It is a crime under PC 136.1 to intimidate or tamper with a witness. You could be guilty under this law if you attempt to prevent the witness or victim from:

  • Cooperating with law enforcement or prosecutor.

  • Testifying or reporting about the crime.

If the prosecutor accuses you of intimidating the witness, he/she must prove the following elements:

  • You intentionally and maliciously.

  • Dissuaded or prevented a witness from reporting a crime, testifying at the judiciary proceeding, or aiding the prosecution process.

Judges usually charge a violation of Pc 136.1 as a wobbler. You could face misdemeanor or felony charges based on your criminal history and the facts of your case. If you are charged with a misdemeanor, you could face the following charges:

  • A fine that does not exceed $1000.

  • A jail term that does not exceed one year in a county jail.

If you are charged with a felony, you could face the following penalties:

  • A fine that does not exceed $10,000.

  • A jail term that does not exceed four years in a state prison.

You could face felony charges for intimidating a witness if any of the following is true:

  • If someone else hired you to commit the crime.

  • If you have a prior conviction for intimidating a witness.

  • Your intimidation constituted threats of violence.

  • The intimidation was part of a greater conspiracy.

The defenses you could present to fight your PC 136.1 charges include:

  • You are a victim of false accusation.

  • No victim or witness.

  • No malice or knowledge.

Domestic Battery – Penal Code 243(e)(1)

According to PC 243e1, domestic battery is the use of violence or fear against a cohabitant, a current or former spouse, or the other parent of your child. If the prosecutor accuses you of domestic battery, the prosecutor must prove the following elements:

  • You deliberately touched another person in an offensive or harmful manner.

  • The victim was your intimate partner.

  • You did not act in self-defense or the defense of another person.

You could face misdemeanor charges if you are guilty of violating PC 243e1. In this case, you could face a fine of up to $2000 and a jail term of up to one year in a county jail. The judge could also grant you misdemeanor probation instead of a jail term. You could be ordered to complete the following if you are awarded probation:

  • A batterer's intervention program.

  • Another appropriate counseling program if a batterer's intervention program is not available.

The defenses you could use to fight your domestic battery charges include:

  • You are a victim of false accusation.

  • It was not a willful act.

  • You acted in self-defense or defense of others.

Criminal Threats – Penal Code 422

The offense, criminal threat, is defined under Penal Code 422. The threats could be death threats or threats of significant bodily injury, which could put the victim in reasonable and sustained fear for their safety or the safety of their family. If the prosecutor accuses you of violating PC 422, the prosecutor must prove the following elements:

  • You intentionally threatened to unlawfully kill or illegally inflict significant bodily injury to the alleged victim.

  • You made the threat in writing, verbally, or through an electronic communication device.

  • You intended the message to reach the victim and for them to understand your statement was a threat.

  • Your threat was unconditional, immediate, clear, and specific in that it communicated a severe intention that you would execute the threat.

  • The threat caused the victim to fear for their safety and their loved ones.

  • The victim was under reasonable fear.

A violation of PC 422 is a wobbler. In this case, you could face misdemeanor or felony charges based on your criminal history and the circumstances of your crime. You could face a fine of up to $1000 and a jail term of one year in a county jail for a misdemeanor conviction. You could face a fine of up to $10,000 and a jail term of up to three years in a state prison for a felony conviction.

You could face an additional and consecutive year in state prison if you use a deadly or dangerous weapon to communicate your threat. You will face this penalty for each threat that you communicate if you make threats:

  • On several occasions.

  • Against several individuals.

  • With different objectives.

The judge cannot charge criminal threats case unless:

  • The crime is associated with hate or domestic violence.

  • You made a repeat threat crime in the last 24 hours.

  • There was no indication of mental illness or substance abuse disorder.

  • You had a deadly or dangerous weapon during the crime.

  • There is a documented history of threats from you toward the victim.

The following are the defenses you could use to fight your Penal Code 422 charges:

  • You are the victim of false accusation.

  • The threat was protected as free speech.

  • The threat was unreasonable.

  • The victim did not sustain fear.

  • The threat was ambiguous or vague.

  • The threat was not immediate.

Corporal Injury Upon A Spouse – Penal Code 273.5

It is a crime under PC 273.5 to cause physical injury to a spouse, dating partner, cohabitant, or child’s parent through an act of domestic violence. If the prosecutor accuses you of violating PC 273.5, the prosecutor must prove the following elements:

  • You intentionally inflicted a physical injury.

  • On a former or current intimate partner and

  • The injury caused a traumatic condition.

A violation of PC 273.5 is a wobbler crime. You can face misdemeanor or felony charges based on your criminal history and the case facts. Misdemeanor charges could attract the following penalties:

  • A fine of up to $6000.

  • A jail term of up to one year in a county jail.

  • Misdemeanor probation.

On the other hand, felony charges could attract the following penalties:

  • A fine of up to $6000.

  • A jail term of two years, three years, or four years in a state prison.

  • Felony probation.

The defenses for violating PC 273.5 could include:

  • You were falsely accused.

  • You did not act willfully.

  • You acted in lawful self-defense or defense of others.

Damaging A Communication Device To Prevent Help – Penal Code 591.5

It is a crime under PC 591.5 to maliciously damage or obstruct a communication device to prevent someone from using it to request help. However, this statute requires the prosecutor to prove that you damaged the device to prevent another person from seeking help. Under PC 591, the element for 'prevention for help' is not included.

A violation of Penal Code 591.5 is a misdemeanor offense. Misdemeanor charges could attract the following penalties:

  • Misdemeanor probation.

  • A fine that does not exceed $10,000.

  • A jail term that does not exceed one year in a county jail.

Find a Criminal Defense Attorney Near Me

You or someone close to you could face charges under California Penal Code 591 for destroying a phone or electricity line. You must hire an experienced, qualified, and reliable criminal defense attorney. If you need reliable legal counsel and representation, contact the Monterey Criminal Attorney. Our attorneys can identify legal concerns and attack the lapses in the prosecution's case to achieve the best possible result. For many years, we have helped defendants fight against their criminal charges and achieve favorable outcomes for their cases. Our attorneys will go out of their way to achieve the best possible outcome for your case. Please do not hesitate to call an attorney who will vigorously fight for your legal rights and future. Contact us at 831-574-1791 to speak to one of our attorneys.