Almost everyone relies on functioning telephone, electrical, and utility lines to remain interconnected and ensure emergency response services are always on standby. Consequently, in California, maliciously damaging these lines is a severe crime under Section 591 of the Penal Code that can lead to lengthy sentences in the event of a conviction. Usually, this is a crime linked to domestic violence incidents, but it may also be a property crime perpetrated by those trying to acquire electricity illegally.

You need skilled and professional legal representation if you are accused of violating PC 591. At California Criminal Lawyer Group, we have helped hundreds of clients charged with this crime in Fresno obtain the best possible outcome, and we can do the same for you. Our property crimes attorneys boast years of combined experience and are knowledgeable about PC 591 and all other related laws. They will help you develop a compelling defense strategy and fight to defend your rights. Do not hesitate to call for a complimentary consultation.

Describing California PC Section 591

California PC 591 describes the criminal offense of damaging a utility, electrical, or telephone line as illegally and maliciously taking down, removing, disconnecting, cutting, or obstructing a phone line or a line utilized to conduct electricity or connected apparatus, including a backup battery or other power supply, or severing a wire utilized to conduct electricity.

PC 591 can also apply if a person connects to other lines that conduct electricity without authorization. It applies if someone damages or connects to the appurtenances of the lines, any part of the lines, or apparatuses connected to the lines.

For you to be subject to a conviction for violating 591 PC, the prosecuting attorney must show all the facts making up the crime. These are:

  • You illegally took down, removed, obstructed, severed, or damaged a phone or equipment connected to the line or
  • You made an illegal connection to a utility or electrical line, and
  • You acted with malice.

Acting maliciously means acting deliberately and illegally, intending to annoy or hurt someone. Even removing a battery from someone else's phone will subject you to charges under PC 591. 

Here is an example of a situation that would trigger charges for damaging telephone, utility, and electrical lines:

A man intends to steal from a store and resorts to cutting the telephone line first. He attempts to cut the line to a single store but injures the lines that deliver phone service to the whole area. This man could face charges under PC Section 591.

Damaging Telephone Electrical or Utility Lines In Relation to Domestic Violence

Certain California domestic violence offenses do not entail acts of mental or physical abuse upon someone. For example, in most cases, charges under PC 591 are directly linked to persons involved in intense domestic violence incidents. In the context of domestic violence, this offense happens when a person damages phone lines or telephone equipment to prevent an emergency call to the police or to call other parties for assistance.

Note that you may be charged with a closely connected offense to PC 591, depending on the case facts. PC 591.5 defines the criminal offense of damaging a communication device intending to prevent requesting help. This law makes it an offense for a person to maliciously destroy any communication gadget to stop another from seeking help.

If the PC 591 violation victim is among those listed in domestic violence crimes, the accused person will face the mandatory sentencing requirements described under PC 1203.097.

Note that you can be prosecuted under PC Section 591, irrespective of your relationship with the supposed victim.

But there are virtually endless occurrences where deliberately damaging a telephone connection is directly linked to a domestic abuse act against a cohabitant, spouse, or family member. In many scenarios, the act is to stop them from seeking help.

Courts have widely considered this statute to apply whenever someone destroys phone equipment during domestic violence incidents. Examples of acts that entail damaging a telephone or utility line in the context of domestic abuse include:

  • A husband slaps a telephone out of his wife's hand, breaks it, or takes out the battery.
  • A husband engages in a physical confrontation and a heated argument with his wife. The wife tells him that she wants to contact law enforcement to report his abuse. To respond, the man grabs her phone from her hand and hurls it against the wall, thus breaking it. Here, the man could be accused of violating 591 PC since he maliciously injured her wife's cell phone.

Consequences of Violating PC 591

A PC 591 violation is deemed a wobbler misconduct, meaning the prosecutor can charge it as a felony or misdemeanor. The prosecution generally makes its filing decision contingent on the case facts and the accused person's criminal record.

If found criminally liable for a misdemeanor, you would be subject to 12 months in jail, up to a thousand U.S. dollars in court fines, and misdemeanor probation. For a felony conviction, you will be subject to 24 or thirty-six months in jail under the realignment program, up to ten thousand U.S. dollars in fines, and probation.

As mentioned, if the supposed victim falls into the domestic violence category, for example, a current or ex-spouse, girlfriend, boyfriend, co-parent, or cohabitant, the judge would order mandatory sentencing requirements against you, per PC Section 1203. 097.

So, if you have been sentenced to formal or summary probation, the court will dictate that you serve three years of probation. It will also issue a protective court order, forbidding any contact with the involved victim. Additionally, the court will require you to complete a fifty-two-week domestic abuse batterers’ program and pay a fine of five hundred dollars. Also, the court may require you to complete specified community service hours.

Expunging Your Conviction Record

If you have been convicted under 591 PC, you can apply to expunge your record, per PC Section 1203.4. A court would grant an expungement as long as you had completed your jail time or probation sentence, whichever the court had imposed.

Expunging your record will remove the challenges of a conviction, like difficulty seeking employment. Once you have expunged your record, you can truthfully state in your job application that you have never been previously convicted, increasing your employment chances. An expungement will also enable you to rent a house, obtain your professional license, secure a loan, or enroll in college much easier than if you had the conviction on your record.

Criminal Offenses Related to 591 PC Violations

Some of the crimes charged alongside or rather than 591 PC violations due to the elements they share include the following:

PC Section 594, Vandalism

The California crime of vandalism is described under PC 594 as maliciously injuring, destroying, damaging, or defacing another's property. PC Section 591 hinges on damaging phone, utility, and electrical lines. On the contrary, 594 PC applies to damaging any property. That means that the prosecution can charge you under both laws.

Vandalism is punishable as a misdemeanor or felony based on the worth of the damage. If the damage is worth less than $400, the crime will be a misdemeanor punishable by:

  • Up to 12 months in jail,
  • A fine not exceeding a thousand dollars or not exceeding 5,000 U.S. dollars where you have a past vandalism conviction and
  • Informal probation.

The crime will be a wobbler if the damage costs $400 or more. In this case, a misdemeanor will carry 12 months of custody, a fine not exceeding 10,000 U.S. dollars or not exceeding $50,000 if the damage was worth ten thousand dollars or higher, and a probation term. A felony carries probation with a year in custody or a jail term of sixteen months, two or three years, a fine not exceeding $10,000 or not exceeding 50,000 U.S. dollars when the damage was worth ten thousand dollars or more, and probation.

PC 631, Wiretapping

In California, using recording gadgets to eavesdrop on or intercept confidential conversations without permission from all the involved parties is a crime unless you are law enforcement. In this case, conversations include text messages, phone calls, and other types of electronic communication.

Wiretapping is mostly a wobbler violation. As a misdemeanor, the crime is punishable by a fine not exceeding $2,500, a maximum of 12 months of custody, or both. If convicted of a felony, the jail term will be sixteen months, three years, or two years. The fine will rise to $10,000 if you have a previous conviction of wiretapping or other crimes related to invasion of property (such as eavesdropping or intercepting a telephone call or a call on a cordless telephone).

PC Section 459, Burglary

Burglary is defined as entering a residential or commercial structure, building, or locked automobile intending to perpetrate the crime of grand or petty theft or a felony when inside. While damaging a phone, electrical, or utility line is a different criminal misconduct from a burglary violation, a violation of PC 591 usually happens while burglarizing an auto or structure.

The burglary penalties vary depending on whether the crime is first- or second-degree. First-degree burglary is considered a felony carrying felony probation, two, four, or six years in prison, and a court fine of not more than $10,000. The crime is also a strike, per the state's Three Strikes Law.

Second-degree burglary is deemed a wobbler. Felony consequences include formal probation, sixteen months, three or two years in incarceration, and $10,000 in fines. Misdemeanor penalties include misdemeanor probation, a maximum of 12 months in custody, and $1,000 in fines.

Domestic Violence Laws

Many crimes are described under the state's domestic violence laws. These are the common domestic violence crimes often associated with PC 591 violations:

  • PC 243(e)(1), Domestic Battery

Domestic battery is the willful and unlawful touching of someone else harmfully, and the supposed victim is an ex- or current cohabitant, spouse, girlfriend, fiance, or the parent of your child. Domestic battery is a misdemeanor offense punishable by jail for 12 months, a fine not exceeding $2,000, and probation.

  • PC 273.5, Corporal Injury Upon a Spouse

Corporal injury upon a spouse is described as intentionally inflicting bodily injury, regardless of how minor or extreme, on an intimate partner, leading to a traumatic condition. The injuries are generally visible but may also include internal injuries. The crime is also known as spousal abuse, although it covers more than just spouses. Per this law, it is also an offense to deliberately cause corporal injury to a spouse, fiancee, boyfriend, girlfriend, domestic partner, cohabitant, or the parent of your child.

Corporal injury to a spouse is a wobbler offense. A misdemeanor conviction triggers up to 12 months in jail and a fine not exceeding $6,000. A felony conviction, on the other hand, carries two, three, or four years in prison and a fine not exceeding $6,000.

PC 422.6 Stand-Alone Hate Crimes

If a person's characteristics drive you to commit a criminal action against them, you may be convicted for participating in hate crimes per Section 422.6 of the Penal Code. This prejudice against a person's character might be driven by nationality, gender, sexual orientation, disability, ethnicity, race, affiliation to a group with shared characteristics, or religion.

Hate crimes can be felony or misdemeanor offenses. If convicted of a misdemeanor, you will be subject to $5,000 in fines and custody for up to 12 months. If found criminally liable for felony charges, you will be subject to a fine of not more than $10,000 and custody in jail for three, two, or one year.

PC 591.5, Damaging a Communication Device to Prevent Help

According to PC 591.5, maliciously injuring a communication gadget to prevent someone from seeking help is an offense. Remember that under this law, the prosecutor must show you injured a device to prevent an individual from asking for help, an element not included in PC 591. This crime is considered a misdemeanor punishable by custody in jail for twelve months, a fine not exceeding one thousand U.S. dollars, and misdemeanor probation.

Defending Against Charges Under PC 591

If you are accused under PC 591, a skilled defense attorney can help you fight the charges and prove your innocence. The lawyer will closely analyze the case facts to develop a defense strategy for the best possible result. Some of the defenses your lawyer can help you argue include the following:

The Accident Defense

Your lawyer may successfully argue that you accidentally damaged the electrical or telephone line. Remember, according to the elements making up the crime of damaging the telephone, electrical, or utility line, you are only guilty if the prosecutor can prove that you acted maliciously, intending to cause injury or harm. This is prevalently called the accident defense.

No Malice

Remember, you are criminally liable under PC 591 only if you maliciously damage a telephone, utility, or electrical line. Therefore, if your legal counsel can prove that you never acted with malice, the judge cannot convict you. This is closely related to the accident defense, where your lawyer can argue that damaging the electrical, telephone, or utility line was accidental.

The Necessity Defense

Under the necessity defense, you try to prove your innocence by demonstrating that you had a valid reason to perpetrate the crime. Under PC 591, you may try to prove that you injured or disconnected the phone, utility, or electrical line because you lacked another option (for example, since there was an emergency).

False Accusations

If your lawyer can prove that you did not damage, obstruct, destroy, or injure a phone, electrical, or utility line, you will not be convicted under 591 PC. It could be that the victim falsely accused you out of spite, ill will, anger, jealousy, or revenge.

For example, if it is a case of domestic violence, the victim may state that you destroyed the telephone connection to prevent them from calling an emergency response. An experienced legal counsel may present evidence that you did not damage or destroy the lines, leading the judge to drop the charges.

Absence of Reasonable Suspicion and Probable Cause

Law enforcement officers should have reasonable suspicion and probable cause to place you under arrest. That means they should reasonably believe you engaged in criminal conduct based on the available facts. The police could arrest you for violating PC 591 merely because the obstructed or damaged phone, utility, or electrical line is in your home.

However, no valid evidence may show you are the perpetrator. Thus, if your lawyer can show you did not damage the line, the judge may dismiss your charges. The lawyer should file a motion to suppress that requests the judge strike off any evidence collected without probable cause. Your case may be dropped if the court grants the motion.

Police Misconduct

You can argue the police misconduct defense to avoid a conviction under PC 591. This defense applies if the arresting officer's actions were against their professional code of ethics. Some scenarios that involve police misconduct include using excessive and unnecessary force while making an arrest and lying in court testimony. If your lawyer can point out and demonstrate various police misconduct actions, it will increase the chances of prevailing in your case.

Mistake of Fact

The “mistake of fact” defense is valid if you reasonably believed you were not perpetrating an offense while performing an act that is considered criminal in the real sense. For example, you have not committed an offense if you were repairing or upgrading your internet cable or telephone line on your property and injured your TV cable, believing it was your telephone line connection.

The fact that you honestly mistook the TV cable for a telephone line connection may have you acquitted of your charges. Nonetheless, you must sufficiently prove you misunderstood which line was which to qualify for a case dismissal.

Coerced Confession

During questioning, arresting officers sometimes compel suspects into admitting to perpetrating a crime when that is not the case. If the police employed unlawful strategies to question you, your lawyer can find mistakes in the prosecution's evidence by presenting this defense strategy. Some illegal tactics law enforcement officers use at interrogation include:

  • Continuous questioning, even after you have requested to talk to your attorney.
  • Denying you water, food, or sleep.
  • Threatening to harm, or punishing you, or hitting you.
  • Falsely promising to offer special treatment if you admit you committed the offense.

When law enforcement uses these tactics, an innocent individual can give in and admit to being guilty to receive relief. The court may strike off your confession from the prosecution’s evidence if your lawyer proves you were compelled into admitting to injuring a utility, phone, or electrical line. This step may lead to your charges being dropped.

Thus, you want to tell your lawyer everything that happened before the police arrested you and after and during the questions. Every piece of information matters when creating your defense strategy, irrespective of the mistakes you may have made, since your lawyer is fighting for your best interests.

The Alibi Defense

Arguing the alibi legal defense means you were never at the site of the crime when it happened. That means there is no way you committed the crime because you were elsewhere. For this defense to be effective, your lawyer must subpoena witnesses who can testify that you were indeed somewhere else. The attorney can also utilize your credit card receipts or surveillance to prove there is no way you committed the crime. If the evidence is persuasive, the judge may dismiss your case.

Remember, being ignorant of the PC 591 law is not a defense. That means you cannot violate this statute simply because you were unaware it existed. That is why you must prove your case in court.

Find a Property Crimes Attorney Near Me

You want to contact a skilled, reputable, and knowledgeable property crimes defense attorney to review your case and determine the ideal course of action if you are facing accusations of violating PC 591. If you have been charged in Fresno, we at California Criminal Lawyer Group can help you. Our property crimes lawyers will aggressively fight for your rights and future. They are experts at spotting legal mistakes and attacking the weaknesses in the prosecution's case to achieve the most favorable outcome. Call us at 559-712-8377 for a cost-free consultation.