Damaging Phone or Electrical Lines – Penal Code 591 PC
California Penal Code 591 PC defines a serious crime-the intentional damage of a phone line, often associated with domestic violence, a matter of grave concern.
A PC 591 charge is frequently connected to an intimate couple in an argument when one grabs and damages their cell phone to prevent them from calling 911 or others for help.
Penal Code 591.5, which describes maliciously damaging a communication device to prevent a person from seeking help, is a closely related statute.
A PC 591 charge, particularly in the context of domestic violence, can lead to severe penalties, including mandatory sentencing provisions under California Penal Code 1203.097 PC.
Anyone can be charged with violating PC 591, damaging a phone line, regardless of the relationship status with the victim.
PC 591 Related to Domestic Violence
However, this statute is mostly connected to incidents where a man in a relationship intentionally damages a phone line during an act of domestic violence against their spouse, family member, or cohabitant.
In other words, the primary purpose was to stop them from calling for help.
Judges have broadly interpreted PC 591 to include incidents of domestic abuse. For instance, if someone knocks a cell phone out of the victim's hand or throws it against the wall, then they could be charged with damaging a phone or electrical line under Penal Code 591 PC.
California Penal Code 368(b) PC defines the serious crime of domestic violence against a disabled person or dependent adult.
This category falls under the broader and equally serious issue of elder abuse. Our California criminal defense lawyers are providing more detailed information below.
What is the Definition of Damaging a Phone Line?
Damaging a phone or electrical line is defined under California Penal Code 591:
- “Any person who maliciously takes down, disconnects, cuts, or obstructs a telephone line, or a line used to conduct electricity, including backup battery or other power supply, or severs any wire used to conduct electricity.”
For a conviction under Penal Code 591, the prosecutor must establish several elements of the crime, including the intentional and malicious nature of the act.
These factors are known as the “elements of the crime” and are listed under CALCRIM 2902 Criminal Jury Instructions, that the defendant:
- unlawfully took down, removed, severed, or obstructed a telephone line or equipment;
- created an unauthorized connection to an electrical line;
- acted intentionally and maliciously when performing this conduct.
In order to be held liable under PC 591, it must be proven that you acted “maliciously,” which means your conduct was intentional and had the intent to annoy or cause injury.
Example of Damaging a Phone Line
A common example of damaging a phone line charge under Penal Code 591 PC is a scenario in which a husband and wife become involved in a domestic argument.
During the heated debate, she tells him she is calling the police. Immediately, the husband snatches the cell phone out of her hand and throws it against the wall.
In this example, a prosecutor can charge the husband with Penal Code 591 PC for damaging a phone or electrical line due to the fact that he intentionally destroyed her cell phone to prevent her from calling 911. Aggravated trespassing is defined under Penal Code 601 PC.
Penalties for Damaging a Phone Line
Under PC 591, the act of damaging a phone or electrical line is a 'wobbler' in California, a term that should not be taken lightly. It can lead to either a misdemeanor or felony charge, depending on the circumstances and your criminal history, with corresponding penalties.
A misdemeanor Penal Code 591 conviction is punishable by:
- up to one year in a county jail,
- a fine of up to $1,000, and
- summary probation.
A felony Penal Code 591 conviction carries the following penalties:
- two or three years in a county jail under AB 109 Realignment in California,
- a fine of up to $10,000, and
- formal probation.
In a situation where the victim is considered part of a domestic violence incident, such as a spouse, boyfriend, girlfriend, or a member of your family, then your criminal exposure will include sentencing requirements under California Penal Code 1203.097 PC. If sentenced to probation:
- you will be ordered to serve a probation period of three years, and;
- a protective order will be issued against you prohibiting any contact with the victim, and;
- complete a 52-week domestic violence batterers' program and pay a $500 fine.
It's also possible that the judge will order you to complete some community service hours.
What Are the Related California Crimes for PC 591?
- Penal Code 243(e)(1) PC – domestic battery,
- Penal Code 273.5 PC – corporal injury on spouse,
- Penal Code 368 PC – elder abuse,
- Penal Code 422 PC – criminal threats,
- Penal Code 273.6 PC – violation of a restraining order,
- Penal Code 273d PC – child abuse,
- Penal Code 136.1 PC – dissuading a witness.
How Can I Fight Damaging Phone Line Charges?
If you find yourself in the unfortunate situation of being charged with damaging a phone line under California Penal Code 591, it is crucial to seek legal assistance immediately. Our experienced criminal defense attorneys can review the details of your case and develop a strategy to fight the charges.
Perhaps we can make a reasonable argument that the damage to the phone line was an accident. Remember from the factors listed above, a prosecutor has to prove you acted intentionally with the intent to cause harm.
If we can cast some reasonable doubt that the damage to the phone was not done on purpose, then you have a better chance of avoiding a conviction.
We might be able to negotiate with the prosecutor for reduced charges.
Clearly, every PC 591 case is unique, and we must examine the evidence closely to determine an appropriate defense.
Cron, Israels & Stark is a highly experienced criminal defense law firm that represents people in all Southern California courts from our two office locations in Los Angeles County. Call our firm for a free case evaluation at (424) 372-3112 or contact us online.