QUESTION
I bought a cell phone and pay the monthly bill for my bf. Can I get a vandalism charge for breaking it? the officer said it was a gift.
Asked on May 22nd, 2020 on Domestic Violence - Tennessee
More details to this question:
I busted the screen on an iPhone 8. I got charged with vandalism and was taken to jail. I told the officer I pay the monthly bill and I recently paid the phone off. He said it was a gift so it’s vandalism. Is this true or can I fight it? Valued at 150$. So I have to pay to fix a phone that I pay for monthly? so if a parent buys their kid a phone and the parent breaks it will they also get a vandalism charge? It just doesn’t make sense to me.
1 ANSWER
(b) A person commits the offense of vandalism who knowingly:
(1) Causes damage to or the destruction of any real or personal property of another or of the state, the United States, any county, city, or town knowing that the person does not have the owner's effective consent;
Although I think it's a pretty crappy criminal case, and I think an officer with sense might have told your boyfriend to take it to civil court, paying the monthly service bill does not necessarily make that your property. If it was a gift, then it was his property and you can't damage it. I don't know if a jury would say it was a gift, and if I was the DA I would drop this crap ass case, but I can't speak for DA's or cops.
Answered on May 26th, 2020 at 12:12 PM