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Question: How can I be charged with Grafitti without the police catching me in the act?

Answer:

Graffiti is more generally known as criminal damage. Damaging someones property can be a misdemeanor or a felony, depending on the dollar amount of the damage. (A.R.S. § 13-1602).

 

A charge of criminal damage can be made against you when the prosecution believes it has enough evidence to have a judge or jury convinced beyond a reasonable doubt that you committed the offense. The officer who arrests you does not have to witness the damage when you did it. In fact, there doesnt have to be an eye-witness to the offense at all.

It is possible, for example, that someone else saw you commit the crime and reported it to the police. It is also conceivable that the officer saw the graffiti on a wall, and when questioning you about something else, noticed that your notebook had similar drawings and sayings as the graffiti. The state would still have to be able to convince the judge or jury that you did it, however, for you to be found guilty. The charge, by itself, is not evidence.


Comments
16 thru 20 of 49 comments
On 02/06/04
HELSTEROC 7DS from NY said:
GRAFITTI HAS ALWAYS BEEN A CRIME BACK IN MY DAY 1978-91 OF KING OF THE CC'S THE MERE FACT THAT IT WAS AGAINST THE LAW WAS A RUSH.. AS FAR AS IT NO BEING A FELONY WE AS SOCIETY ARE GOING TO FAR WITH RULES REGULATIONS AND LAWS.. NO SMOKING NO GRAF NO LOUD MUSIC DAM IM GLAD I GREW UP BACK IN THE OLD SCHOOL DAYS BECAUSE THE POLITIANS OF TODAY ARE OFF THEIR ROCKER...I OWN MY OWN BUS. AND I TEACH GRAPH ON THE SIDE..ONCE YOUR A REAL WRITER ITS IN YOUR BLOOD FOR LIFE.. AND YES I HAVE EVEN PAINTED MY 2003 NAVIGATOR..IT SAYS HELSTEROC ON ONE SIDE AND ROCK STEADY CREW ON THE OTHER..KEEP WRITING...
On 01/23/04
Ryan from AZ said:
You guys are all a bunch of ignorant idiots. Both the people who are for it and against it. A true Graffer would never went it legal. Are you kidding me? The reason they do it is for the rush. Knowing at any second you could get busted. Art is a big part too because if you suck dont waste your time and risk your freedom. Its kind of like a drug people do drugs for the rush thats why i paint. its addicting. Its never gonna stop just grin and bear it. ill do my thing you do yours. just keep your rediculous ideas of saving the world to yourself.
On 01/19/04
gee from AZ said:
if u dont like grafitti dont look
On 01/15/04
micky from OR said:
True, but if you don't bust stuff any where but on the wall you don't get cought. That's what taggin,s all about, getting your name out side the class room.
On 01/09/04
yo mamma from NM said:
I think that when people put grafitti on the wall, it shows who they are. The way I see it it depends on what and how we do the grafitti
16 thru 20 of 49 comments



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