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Speak Up! - View Question #622 |
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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.
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| Comments |
| 11 thru 15 of 49 comments |
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On 02/22/04
zesta trix from AZ said:
Hey guys im a chick graffor and ive been done for graff. But it;s a passion u hav to hav. if u get in trouble by the cops thats just a constate to do graffity u hav to be prepared to be to take the bad. I haven't stopped and to nee 1 out there keep riting. Dont giv up
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On 02/20/04
UK 5.0 from Othe said:
I APPRECIATE THAT MOST OF YOU THAT HAVE COMMENTED ARE AMERICAN AND THEREFORE THERE WILL BE SOME STRANGE SPELLING DIFFERENCES BETWEEN YOU AND HERE IN THE UK BUT SOME OF THESE COMMENTS ARE SO BADLY MIS - SPELT
IS IT ANY WONDER, IF YOUR GRAFITTI IS THE SAME, YOUR "ART" ISN'T WANTED. I ALSO APPRECIATE THAT "KIDZ" HAVE THEIR OWN "KEWL" WHAY OF COMMUNICATING WITH EACH OTHER SO AS TO EXCLUDE ADULTS, WE'VE ALL BEEN YOUNG ONCE. ASIDE FROM MY LEGAL VIEWS AS A UK POLICE OFFICER, I WOULD SAY ONE THING, ART IS A PERSONAL THING. WHAT ONE LIKES WILL BE TRASH TO SOMEONE ELSE, EVEN WITHIN YOUR OWN GRAFITTI PE
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On 02/19/04
Kryloe from CA said:
I don't think that cops should trip off all the people doing Graffiti. we aint even vandalizing anything. We are just out getting our fame.
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On 02/19/04
Kryloe 1 DESC krew from CA said:
Is Graffiti really an art.... Or is it a crime? I think it's both. It depends how u do it. The cops see it as acrme in both ways. But it don't matter to us Mobbers if were out piecing or just gettin tags. Were never going to stop. So if any cops are reading this you should just give up and stop trying to cstch us Bcuz You never will.
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On 02/07/04
vonny from CA said:
Wow thats is just really stupid how can you not learn your lesson? you know i do understand the fact that people have different aspects about it and i think graffiti can be a crime but again it can be an art. i dont have anything against it because my big brother is a tagger himself but hes smart about it he doesnt go out in the streets and write on walls he has his own lil scetch book and thats just the way he expresses himself and i think that is really kool but my question is "IF GRAFFITI IS ILLEGAL WHY IS THERE SOME PLACES FOR KIDS TO WRITE ON THE WALLS AND ON TRUCKS WHEN THEY WANT PEOPLE
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