Description

The crime of Damaging Phone Lines is to unlawfully and maliciously take down, remove, injure, disconnect, cut or obstruct a line of telegraph, telephone, or cable television, or electricity, or any part or apparatus connected, including battery backup or other power or media line. You may also be charged for making unauthorized connections to an electrical line. A more severe charge than Vandalism, Damaging Phone Lines is often charged against people who damage phone equipment during episodes of Domestic Battery or Burglary. Examples of Damaging Phone Lines include intention to tap a phone and damaging the device or property connection or tapping into an adjoining property TV cable connection with intention to avoid payment for services or knocking the phone out of someone’s hand causing damage to the unit

What does the prosecutor have to prove?

1. Defendant unlawfully and maliciously took down, removed, injured, disconnected, cut or obstructed a line of telegraph, telephone or cable television, or another line used to conduct electricity, or any part thereof, or appurtenance or apparatus connected therewith. or 1. Defendant severed a line of telegraph, telephone or cable television, or another line used to conduct electricity. OR
2. Defendant made an unauthorized connection with a line, other than a telegraph, telephone, or cable television line, used to conduct electricity, or a part thereof, or appurtenance or apparatus connected therewith.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?No
Is this charge a “serious felony”No
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?Yes
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?No
Is this charge considered a “aggravated felony” for immigration purposes?No
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No