Penal Code 591 describes maliciously removing, damaging, injuring, or obstructing cables, telephones, or electrical lines as a punishable offense. PC 591 is a wobbler offense. Meaning the district attorney could elect to pursue misdemeanor or felony charges. The choice of what charges he/she will pursue depends on the facts of the case and your criminal past. With the help of an experienced criminal defense attorney, you can fight the charges. The Santa Ana attorneys at California Criminal Lawyer Group have the requisite experience you need to secure the most favorable outcome.

Understanding Damaging Phone, Electrical or Utility Lines Under California Law

Let us look at PC 591’s definition of the crime in more detail.

You risk facing charges under Penal Code 591 when you maliciously or intentionally disconnect, obstruct, remove, or cut a telephone, telegraph, or cable TV line. This law also makes it a crime to engage in these activities on a line used for conducting electricity, along with any connected equipment or accessories, like a backup battery or power supply.

Further, you will face PC 591 violation charges for unlawfully severing wires or making unauthorized connections to an electricity line other than a telephone, cable television, or telegraph line.  

Examples of actions that will result in charges for a PC 591 violation include, but are not limited to, the following:

  • Cutting or damaging telephone or internet cables or wires, intentionally or through negligence, results in a loss of service for others.
  • Vandalizing or destroying telecommunications vehicles, like repair trucks, used to maintain or repair telecommunication equipment.
  • Removing or damaging a telegraph or telephone pole or any equipment or apparatus connected to it to disrupt service or cause harm. Equipment includes a junction box or transformer.
  • Tampering with, dismantling, or destroying telecommunications gear like modems, routers, or cell phone towers aiming to disrupt service or cause harm.

We also have to acknowledge the growth in the communication space. Most people communicate on wireless platforms. So a fundamental question arises: “Can I face criminal charges if the tampering was on wireless communication devices?”

Yes. However, you will face charges under Penal Code 591.5. According to the statute, it is a punishable offense to unlawfully or maliciously injure, destroy, remove, obstruct, or damage any wireless communication gadgets to prevent another from using the device. Most of these violations involve the perpetrator summoning assistance or notifying police officers or any other safety agency of an issue.   

Examples of actions that constitute a PC 591 violation include, but are not limited to, the following:

  • Hacking into a GPS monitoring system or altering the data received by the system to misrepresent the location or movements of a vehicle or individual.
  • Destroying or damaging a GPS device, intentionally or through negligence, resulting in a loss of monitoring or tracking capability.
  • Removing or disabling a GPS tracking device installed on a vehicle or other property to evade law enforcement or monitoring authorities.
  • Removing or tampering with a GPS device that an individual on probation or parole must wear with the intention of evading supervision.
  • Interfering with the proper functioning of a GPS device or monitoring system, like jamming or blocking the signal, aiming to evade surveillance or monitoring.

Elements Prosecutors Must Prove in a PC 591 Violation Case

If charged with a PC 591 violation, the prosecutor must prove certain elements beyond a reasonable doubt to secure a conviction. These elements include:

  • You caused damage to the phone, electrical, or utility lines — Prosecutors must prove that you caused the damage to the telephone, electrical, or utility lines. This could involve showing that you physically damaged the lines or that your actions caused the destruction.
  • The damage was intentional and malicious — Prosecutors must typically prove that you intended to cause the damage to the phone, electrical, or utility lines. He/she should show that you acted explicitly to damage the lines. Alternatively, prosecutors can prove this element by demonstrating that you were aware that your actions would result in damage to the lines.
  • You are said to have acted maliciously when you commit a deliberate illegal act or act with unlawful intention to inflict injury on another or cause annoyance.
  • The damage resulted in a service disruption — Proving a service disruption is the only way of affirming that you destroyed the line.
  • You were not authorized to make the repairs — In some cases, a defendant could argue that they caused damage to the phone, electrical, or utility lines to make necessary repairs. Prosecutors must prove that the defendant was not authorized to make the repairs. Alternatively, they must prove that he/she did not follow the proper procedures for obtaining authorization.

Note: In light of the elements addressed above, it is worth noting that you will face prosecution for a PC 591 violation even if you remove the battery from the victim’s cell phone.   

Defenses You Can Raise in a Penal Code 591 Violation Case

The risk of incarceration makes it all the more important to contact an experienced criminal defense attorney. They will assess your case and determine the best legal strategy for it. Here are a few defenses they can choose from. 

The Damage Was an Accident

Arguing that the damage was an accident is one of the possible defenses. However, it is not a straightforward defense, though it is applicable. This defense is primarily used to challenge the prosecution’s assertions that you acted intentionally and with malice.

That an act was accidental does not necessarily mean you are free from liability for the damage. Accidents occur even when someone is careful. Thus, you will face prosecution for your contribution to the destruction.

Your attorney will likely use this defense if the objective is to have your charges reduced from a felony to a misdemeanor.

Consider the following example: Peter was renovating his backyard. He used a backhoe to dig a trench for a new drainage system. Peter checked with the local utility company. They told him there were no utility lines where he planned to excavate. However, while digging, he accidentally hit an underground electrical cable that was not appropriately marked or recorded in the utility company's records. The impact of the backhoe caused the line to snap, which resulted in a power outage for the entire neighborhood.

In this scenario, Peter could argue that his actions were accidental. He had no intention of causing harm or damage to any utility lines. Peter took reasonable precautions by contacting the utility company to ensure no lines were in the area. However, due to the utility company's negligence, he hit an unmarked electrical cable.

You Acted out of Necessity

The necessity defense is a legal doctrine that allows individuals to justify their otherwise unlawful conduct when they act out of necessity to prevent more significant harm. This defense lets you argue that you were compelled to commit the illegal act as a necessary measure to stop an imminent danger from occurring. These dangers include fires, explosions, or other serious safety hazards.

For example, you could argue that your actions were justified if you damaged a gas line to prevent an explosion.

You can only use this defense if you prove you had no reasonable alternative to your actions. Additionally, the damage should be less severe than what would have resulted had you failed to act as you did. You must demonstrate that your acts were necessary to prevent the occurrence of imminent danger. Further, the risk should be to yourself or another person, not financial loss or inconvenience. 

Lack of Intent or Knowledge

When using this defense, you will assert that you did not know about the existence of the lines. Alternatively, you can assert that you did not intend to damage the lines. This defense is relevant when the lines were improperly marked or located unexpectedly.

Your attorney will provide evidence that you did not know about the lines or did not intend to cause damage. Some of the evidence that would help in your case includes the following:

  • Witness testimony — Witnesses like your colleagues can provide testimony about your actions and whether they were consistent with someone who did not intend to cause damage. For example, witnesses could testify that the lines were not appropriately marked. Alternatively, they could argue that you took reasonable precautions to avoid causing damage.
  • Documentary evidence — This includes permits, inspection reports, and other documents showing that you took reasonable steps to avoid causing damage to phone, electrical, or utility lines. For example, you could have obtained a permit from the local government agency or hired a professional to inspect the area before digging.
  • Expert testimony — Expert witnesses can testify about industry standards and best practices for handling the phone, electrical, or utility lines. They can provide insight into whether your actions were consistent with someone who did not intend to cause damage.
  • Physical evidence — Physical evidence, including photographs, videos, or diagrams of the area where the damage occurred, is helpful. They help illustrate the circumstances of the case and support your claim that they did not intend to cause destruction.
  • Your testimony — If necessary, your attorney could call you to testify about your intentions and state of mind. Your testimony will be evidence to support a lack of intent or knowledge defense. Additionally, you can demonstrate that you took reasonable steps to avoid damaging the lines, for example, hiring a professional to inspect the area before digging.

The Damage Was Due to an Act of God

The Act of God defense is applicable but in the proper context. You can only successfully assert this defense if you prove that the line damage resulted from an unforeseeable natural event like floods, lightning strikes, or earthquakes that could not have been prevented through reasonable measures.

However, you cannot use this defense if you could have prevented or mitigated the damage through proper maintenance or other preventative measures. For example, if the phone, electrical, or utility lines were in a known flood zone and were not adequately protected, the Act of God defense does not apply.

In addition, you cannot use this defense if there was negligence on your part. For example, if you failed to properly maintain your property or take reasonable steps to prevent damage to the lines.

You Were Falsely Accused

You can also assert that you were falsely accused of causing the damage. As the prosecutor claims, your attorney can use several options to prove to the jury that you were not the perpetrator. Here is a look at some of them:

  • You were mistakenly identified — The witness can mistake you for another. These cases are common since pinpointing technicians in uniforms is difficult without unique identifiers like a tattoo, a scar, or a distinctive walking style.
  • Improper investigation or evidence — The investigations possibly had errors or flaws. Your attorney will identify and present them to the jury to challenge the basis of the case.
  • Malicious prosecution — Individuals with past criminal cases are likely victims of malicious prosecution. Additionally, prosecutors with more wins could pursue charges without probable cause to maintain a winning streak. If there is evidence of the same, your attorney will present it to the jury in your defense.
  • Disgruntled employees or jealous co-workers — Jealousy, hatred, and the need for revenge inform witnesses’ choices when they accuse others. If the evidence supports this assertion, your attorney will use it to demonstrate to the court that you were falsely accused.

Note: Prosecutors should prove their case beyond a reasonable doubt. Any evidence that creates reasonable doubt could result in the dismissal or reduction of your charges. This is the goal when you assert that you were falsely accused. 

Penalties If Convicted of a PC 591 Violation

A PC 591 violation is a wobbler offense. The District Attorney can elect to pursue felony or misdemeanor violation charges. Their choice is informed by:

  • The facts of the case.
  • Your criminal past.

If prosecuted and convicted on misdemeanor charges, you could face the following:

  • A maximum of one year in jail and/or
  • A fine of up to $1,000.
  • Summary probation instead of jail time.

If prosecuted and convicted on felony charges, you could face the following:

  • A maximum of three years in jail and/or
  • A fine of up to $10,000.
  • Summary probation instead of jail time.

You will likely face felony charges if:

  • The damage caused results in a significant monetary loss.
  • If the damage was done with the intent to disrupt communications during a state of emergency, or
  • You have a prior related to malicious damage of property or a violent crime.

Expungement of a PC 591 Conviction

Penal Code 1203.4 allows convicted individuals to apply for an expungement of their criminal convictions. Under this law, you can request the court to:

  • Reopen your case,
  • Set aside the guilty verdict or plea, and
  • Dismiss the case.

You will then be considered not to have been convicted of the crime for most purposes. However, there are a few exceptions, notably when applying for a state license, seeking employment in specific fields, or serving as a witness in a criminal trial.

If you complete your probation or jail term, whichever was imposed, a judge can grant your request for expungement. The courts will set aside your guilty plea or verdict, and the court will enter a not-guilty plea in your case. This move will effectively dismiss your case and relieve you of most of the negative consequences of the conviction.

It is worth noting that the conviction will still appear on some background checks, and certain government agencies could still access the record. However, an expungement is vital in moving past a criminal conviction. It helps you secure employment, housing, and other opportunities.

Offenses Related to Damaging Phone, Electrical or Utility Lines

Prosecutors could pursue the following crimes as additional violations on your charge sheet or alternatives if they cannot prove the PC 591 violations.  

  • Damaging a communication device to prevent help, a PC 591.5 violation.
  • Vandalism and graffiti, a PC 594 violation, and
  • Burglary, a PC 459 violation.

  1. Damaging a Communication Device to Prevent Help

PC 591.5 makes it a crime to maliciously or willfully damage or destroy a communication device, like a phone, radio, or other device used to request emergency assistance. As addressed before, PC 591.5 handles wireless communication devices.

A violation of PC 591.5 is a misdemeanor offense. The likely penalties upon conviction include the following:

  • A maximum jail sentence of one year and/or,
  • A fine of up to $1,000.

  1. Vandalism

You will face prosecution under PC 594 if you maliciously damage, destroy, or deface someone else's property without their permission. PC 594 specifically addresses the following actions:

  • Writing graffiti or other markings on someone else's property.
  • Damaging or destroying another person's property, including buildings, vehicles, and other objects.
  • Breaking windows or other parts of a building.
  • Tampering with another's property in a way that causes damage or destruction.

To secure your conviction, prosecutors must prove the following elements as accurate:

  • Malice — You acted with malice, which means you worked with an intent to do a wrongful act or to cause injury to someone or their property.
  • Damage or defacement — You damaged, destroyed, or defaced someone else's property. The property could be a building, vehicle, personal property, or any other object.
  • Ownership — The property belonged to someone else. The prosecutor must establish that someone other than you owned or possessed the property.
  • Value of damage — If you are charged with felony vandalism, the prosecutor must prove that the damage caused to the property was worth more than $400.

Penalties Under PC 594

If charged as a misdemeanor, the penalties for a vandalism conviction can include the following:

  • Up to one year in county jail.
  • If the damages exceed $400, fines of up to $1,000 or up to $5,000.
  • Restitution to the victim for the cost of repairing or replacing damaged property.
  • Probation, community service, or other court-ordered penalties.

If the state pursues felony charges, the penalties can be more severe if convicted. They include the following:

  • Imprisonment in prison for up to three years.
  • Fines of up to $10,000 or up to $50,000 if the damage exceeds $10,000.
  • Restitution to the victim for the cost of repairing or replacing damaged property.
  • Probation, community service, or other court-ordered penalties.

  1. Burglary

It violates PC 459 to enter a building or structure intending to commit a felony or theft. To prove a burglary charge under PC 459, the prosecutor must establish the following elements:

  • Entry — You entered a building, structure, or vehicle.
  • Intent — You intended to commit theft or a felony inside the building, structure, or vehicle at the time of entry.
  • Ownership — Another possessed the building, installation, or car you entered.

Burglary can be charged in the first or second degree.

A first-degree burglary occurs when the building you entered is a residence, for example, a house or apartment. A second-degree burglary occurs when the building is not a residence—for example, a store or office building.

Penalties Under PC 459

The penalties for burglary depend on whether you were charged with first-degree or second-degree burglary. Other factors, like your criminal history, also influence the penalties you will receive.

First-degree burglary is a felony. A conviction would result in the following penalties:

  • Formal probation.
  • 2, 4, or 6 years in prison and/or
  • A maximum fine of $10,000.

Prosecutors can pursue second-degree burglary, either a felony or a misdemeanor. If convicted, you could face the following penalties:

  • Summary probation,
  • Up to one year in jail and/or
  • A maximum fine of $1,000 for a misdemeanor violation.

For a felony violation,

  • Felony probation.
  • 16 months, two years, or three years served in county jail and/or
  • A maximum fine of $10,000.

Find a Defense Attorney Near Me

If you face charges related to damaging phone, electrical, or utility lines, it is best to seek legal help immediately. The consequences of a conviction can be severe. A conviction results in fines, imprisonment, and a criminal record that can affect future employment and housing opportunities. The California Criminal Lawyer Group is ready to assist in fighting these charges and avoiding these consequences should you face these charges in Santa Ana. Contact our team at 714-844-4151 for a free case evaluation.