Today, most people cannot live without essential amenities, like phones, electricity, or other electrical utilities. The proper functioning of these amenities keeps people connected and is necessary when emergency services are needed. So, any malicious action interrupting these utilities’ adequate functioning is a serious crime.
California PEN 591 criminalizes damaging phone or electrical lines. If you are arrested for the charges, you risk jail time and substantial monetary fines. Typically, the crime is linked to domestic violence and robbery, although you can face the charge for attempting an illegal electricity connection. At the Law Offices of Anna R. Yum, we can defend you during the charges for a fair verdict in the County of San Diego.
Legal Definition of Damaging Phone or Electrical Line
PEN 591 outlines the crime of maliciously damaging phone or electrical lines. Per the statute, it is unlawful to take down, cut, remove, disconnect, injure, or obstruct an electrical line, telephone line, or other electrical line, or make an illegal connection to a line that conducts electricity or any mechanical tool attached to it. For purposes of PEN 591, a phone is a mechanical tool or equipment connected to a cable service or telephone line. Therefore, when you maliciously disconnect or cut the equipment to cause harm or accomplish criminal intentions, you may be charged with a misdemeanor or felony, depending on the circumstances.
If the prosecutor demonstrates your malicious actions, you are guilty of a PEN 591 violation. Compared to related offenses like vandalism, outlined under PEN 594, a PEN 591 is more severe because today people depend on telephones, cable services, and electricity more than ever to perform their routines at work or home. In the internet communication age, phones, cable services, and electricity lines are crucial for smooth operations at home or in the line of duty. Not to mention that these are the same tools required to keep emergency services close by. So, the law takes any damage to these crucial amenities seriously, and offenders are harshly punished when found culpable.
Examples of damaging a phone or electrical line are:
- Injuring telephone lines or smashing the phone with a hammer during a domestic violence altercation, assault, murder, burglary, or battery.
- Intentionally cutting a neighbor’s cable line out of jealousy or revenge
- Maliciously disconnect a neighborhood electrical line to cause a power outage
- Removing phone batteries to prevent others from using them
Attempting to create an unauthorized connection to the neighborhood electrical line to tap on free electricity can also attract charges and a possible conviction for damaging the electrical line or making an illegal connection.
In contrast, if you attempt to repair a damaged cable line after the responsible company has delayed repairing it and caused further damage, you cannot face charges or penalties for PEN 591 violations because you were not acting with unlawful intent. The lack of malice makes you innocent.
The Elements of a PEN 591 Violation that the Prosecutor Must Demonstrate
You are only guilty of damaging a phone or electrical line if the prosecutor proves all the elements of the case beyond a reasonable doubt. The evidentiary standard exists because you could act in your interest or with no malice, but your actions could be misconstrued as illegal. The facts of the case that must be proven are:
- You unlawfully, intentionally, with wanton disregard, disconnected, took down, obstructed, removed, cut, or injured a telegraph, telephone, cable TV, electrical line, or any equipment attached to the line.
- You unlawfully and maliciously disconnected or cut off a cable TV connection, telegraph, telephone, or any other utility line or equipment attached to the line.
- You intentionally and unlawfully created an unauthorized connection to an electrical line or apparatus connected to the line.
For PEN 591 purposes, acting maliciously means engaging in the illegal act intentionally and with reckless disregard or intent to cause harm to or annoy another party. Therefore, when you do not act with wrongful intent, even if you disconnect or damage an electrical line, your actions are not deemed a crime.
For instance, James has issues with his cable television connection. He guesses that the problem could be the cables running in his backyard. Focused on fixing the problem, James attempts to untangle the wires to find the one for his house, but ends up damaging one that connects several neighbors to the cable services. Under the circumstances, he is innocent because he did not act maliciously.
Even removing phone batteries alone can attract charges under PEN 591 if the prosecutor can demonstrate beyond a reasonable doubt that you acted maliciously. For instance, removing the batteries of a codeless phone prevents the victim from calling the police for help in case of a crime.
If the prosecutor successfully proves all the facts of the case, they will secure a guilty verdict. You will face severe penalties if the verdict favors the prosecutor. Luckily, before a verdict is issued, you can contest the charges and give your side of the story. You need compelling arguments and defense strategies to obtain a favorable ruling. Therefore, you will require legal representation from an experienced defense attorney.
Damaging Phone or Electrical Line Penalties
A PEN 591 violation is a wobbler, meaning the prosecutor can prefer felony or misdemeanor charges based on the case’s severity or lack thereof and whether you have a criminal record.
If, after evidence review, the prosecutor determines that you should face misdemeanor charges, a guilty verdict could attract at most twelve months of county jail confinement or no more than $1,000 in monetary court fines. Alternatively, the judge could impose summary or informal probation instead of the jail sentence, contingent on the case’s facts. You serve the summary probation outside of jail. During this probationary period, usually 12 to 36 months, you are outside county jail under court supervision to ensure compliance with the probationary terms, like victim restitution, community service, and counseling.
When the prosecutor evaluates the evidence and discovers extensive cable or property damage, they will file felony charges. A felony conviction attracts $10,000 in court-imposed fines and 16, 24, or 36 months of county jail incarceration under the realignment program. Depending on the case’s facts, the judge can impose a felony or formal probation instead of a prison sentence. Nevertheless, felony probation lasts for 36 to 60 months.
A probation officer examines you before sentencing and recommends whether you should serve part of the prison sentence before being released on probation or serve the entire sentence outside. Not every defendant is eligible for felony probation. The judge evaluates your case separately, and based on its severity and your criminal record, they can implement the program.
On top of the legal penalties, the victim of your violation can lodge a civil lawsuit, seeking compensation for the harm or loss stemming from your criminal act. If the lawsuit succeeds, the court can order you to pay for the line or equipment damages. Paying these damages and the court fine can strain your finances.
Luckily, when you put up a solid defense against the charges, you can prevent a conviction and these harsh penalties. A favorable verdict does not always mean having the charges dropped or the court finding you not guilty. Even a conviction for a reduced charge is a win, depending on the facts. Note that legal outcomes can vary based on the case specifics. However, depending on the available evidence, they should strive to secure the best verdict.
Legal Defenses for Damaging a Phone or Electrical Line
With the seriousness with which PEN 591 violations are prosecuted, contesting the accusations without the legal representation of an experienced defense attorney is a grave mistake. Therefore, partner with an experienced attorney early in the case to gather evidence, evaluate the evidence against you, and craft viable legal defenses. The legal defenses your attorney will use to counter the charges are:
You Did Not Act with Malice
A crucial element for damaging an electrical or phone line charge that the prosecutor must demonstrate is that your actions were unlawful and malicious. The prosecutor must prove malicious intent beyond a reasonable doubt for a conviction to happen. They do this by proving that you had wrongful intentions of causing harm or annoyance by damaging the utility lines or apparatus connected to the line.
It is a legal defense to argue that your actions were not driven by malice or criminal intent to cause harm or annoyance. You can admit to acting negligently, leading to the damage, but assert that your actions were pure and without malice. If the jury or bench starts doubting that your conduct was malicious, you are not guilty under PEN 591. Being negligent is not a sufficient reason to convict you under this statute.
The Damage or Disconnection was Accidental
Another defense is arguing that the incident leading to the charges was accidental. An essential element of the crime that must be proven for a conviction is that your actions were willful. If you can examine the situation and prove it was an accident, the court will find you not guilty. They might conclude you acted negligently or recklessly, but this is not enough to convict you under PEN 591.
Necessity Defense
Your defense attorney can avoid a guilty verdict using the necessity defense. They argue that you had sufficient reasons to engage in the PEN 591 violation. You can assert that disconnecting or damaging phone or utility lines was the only option in your situation.
Offenses Similar to Damaging Phone Lines
A PC 591 violation shares the core element of malicious or intentional property damage to cause harm or interrupt essential services with other offenses. The shared element makes these offenses similar to damaging utility or electrical lines. The crimes include:
- Vandalism
California PC 594 criminalizes the malicious or deliberate destruction or damage of property belonging to another party using graffiti or markings, breaking windows, smashing tires, or damaging utility wires, if you are not charged under PEN 591. Like a PEN 591 violation, vandalism requires the prosecutor to prove your actions were malicious or that you had wrongful intent. Damage that focuses on communication apparatus is defined under PC 591.5. Therefore, when you vandalize communication devices under PEN 594, your offense is the same as a PEN 591.5 violation.
The only difference between vandalism and damaging phone or electrical lines is that PEN 591 only focuses on damage to electrical, phone, or utility lines. In contrast, vandalism is a broad law, focusing on damage to all forms of property.
When the total damage to property caused by vandalism is at most $400, the prosecutor prefers misdemeanor charges. If they are successful in proving the case’s elements and secure a guilty verdict, the misdemeanor penalties you will face are:
- No more than 12 months of confinement in county jail
- At most $1,000 in court fines, or no more than $5,000 if you have a prior conviction for the same offense.
- Informal or summary probation
The misdemeanor probation conditions include:
- Up to 24 months of driving privileges suspension or 12 to 36 months of delay in license eligibility if you did not have one during the conviction.
- Mandatory counseling
- Community hours
- Ensuring that property within your community is graffiti-free for at least twelve months.
A PEN 594 violation becomes a wobbler when the value of the vandalized property is between $400 and $10,000. If this is your case, the prosecutor can file misdemeanor or felony charges contingent on the facts and your criminal past. A misdemeanor conviction in these circumstances attracts:
- At most 12 months of incarceration
- No more than $10,000 in monetary court fines or $50,000 if the damage is valued at at least $10,000.
- Summary probation
A guilty verdict for felony vandalism is punishable by:
- Felony probation with a requirement to serve at least twelve months in jail
- 16, 24, or 36 months of prison confinement
- At most $10,000 in court fines or $50,000 if the property damage exceeds $10,000
Two prior vandalism convictions, regardless of the sentence imposed, will likely result in a jail or prison sentence for the current case, based on the circumstances.
- Wiretapping
Unless you are law enforcement, PEN 631 prohibits the unlawful tapping of someone’s phone wire to listen to their calls without authorization. Tapping refers to using recording devices to intercept or eavesdrop on private communications, like phone calls. The offense is similar to a PEN 591 violation in that they all target communication infrastructure. PEN 591 safeguards the physical integrity of phone lines, while PEN 631 protects the confidentiality of messages or information passed through the phone lines.
When prosecuting PEN 631, the prosecutor must show that the illegal tapping was intentional and intended to benefit you or harm another person. You will not receive a conviction for both offenses if your actions were not deliberate.
Wiretapping is a wobbler, allowing the prosecutor to file the offense as a misdemeanor or felony depending on the case’s facts and your criminal record. A guilty verdict for a misdemeanor attracts at most $2,500 in monetary court fines and a jail sentence not exceeding twelve months. Conversely, when convicted of a felony, wiretapping, you will face 16, 24, or 36 months of jail incarceration and no more than $10,000 in monetary court fines.
Offenses Related to Damaging Utility or Phone Lines
Several offenses are linked to damaging phone or electrical lines. These include:
Burglary, PEN 459
When you disconnect or damage a phone or utility line to break into or after breaking into someone’s house to prevent them from calling for help, the prosecutor can charge you with both burglary under PEN 459 and damaging a phone line. The statute makes it unlawful to break into a business or residential building or a locked car to commit a felony or grand or petit larceny. The violation happens when you successfully enter the structure or car, even if you do not accomplish your intent. No forced entry is required to face the charges.
While burglary and damaging phone lines are separate violations, burglars often damage or disconnect phone or electrical lines before unlawfully gaining access to a structure, committing two offenses.
The prosecutor will charge you with first-degree burglary if you burglarize a residential structure. This burglary type is a felony, with the possible punishment upon conviction being:
- Formal probation
- 24, 48, or 72 months of state prison confinement
- At most $10,000 in court-imposed fines.
Second-degree burglary refers to unlawful breaking and entry into a commercial structure. Commercial burgling is a wobbler, meaning you can face misdemeanor or felony charges. A guilty verdict for a misdemeanor results in:
- Summary or misdemeanor probation
- At most 12 months of jail confinement
- At most $1,000 in court fines
In contrast, a felony is punished by:
- Felony probation
- 16, 24, or 36 months of jail incarceration
- No more than $10,000 in monetary court fines
Damaging Communication Equipment to Prevent Help
California PC 591.5 criminalizes the illegal damage or obstruction of communication tools to prevent someone from asking for help. Per the law, it is a crime to illegally and maliciously damage, destroy, obstruct, or remove cordless communication equipment to prevent another party from using the tool to notify law enforcement or public safety authorities or call for assistance.
Malicious means you damage the device to annoy or harm the person or with wrongful intent, such as preventing them from reporting you or seeking help. The devices defined under the statute are beepers, codeless landlines, and cell phones.
The offense is commonly associated with corporal injury to a spouse or domestic violence.
A PEN 591.5 violation is a misdemeanor, and a guilty verdict attracts the following sentence:
- County jail incarceration for at most twelve months
- Court fines of at most $1,000
Besides, the court can impose summary probation instead of a jail sentence.
Even though PEN 591.5 is associated with damaging a phone or utility line, it is a separate offense because the prosecutor must demonstrate that the damage caused to the communication device was intended to prevent or discourage a person from seeking help. This element is absent under PEN 591 because the prosecutor must prove that the defendant’s actions were designed to annoy or cause harm.
Stand-Alone Hate Crimes
According to PC 422.6, you commit a hate crime when you commit a crime against another person solely motivated by the party’s protected characteristics, like gender, country of origin, race, disability, ethnicity, religion, group affiliation, or sexual orientation. When you damage, obstruct, or disconnect someone’s phone or electrical wires because of these characteristics, you could face PEN 591 violation charges alongside a stand-alone hate crime charge.
A PEN 422.6 contravention is a misdemeanor punishable by at most $5,000 in court fines and no more than twelve months of jail incarceration. Additionally, the prosecutor has the discretion to impose summary probation.
Depending on the nature of your case, the prosecutor can raise your hate crime charges to a wobbler. The penalties for a wobbler hate crime are provided for under PEN 422.7. What this means is that you could face felony charges for a hate crime based on your criminal history and the case’s nature. The legal penalties for a felony include 16, 24, or 36 months of prison confinement, formal probation, and at most $10,000 in monetary court fines.
Find a Competent Criminal Attorney Near Me
The legal penalties for damaging phone or electrical lines are devastating. The offense is treated aggressively by authorities because everyone depends on the proper function of phones, cable services, and utility lines to go about daily operations or seek help during emergencies. Therefore, you should take PEN 591 violations or related offense charges seriously by consulting with a competent defense attorney. At the Law Offices of Anna R. Yum, we understand the severity of these charges, so we will work tirelessly to obtain a charge reduction or case dismissal. Call us at 619-493-3461 to discuss your case in the County of San Diego.
