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Can I press charge for destruction.stolen property, my wife and I are very upset for what happen and it is really hurtful to us espcially for telling the kids that their stuff is gone. I would like them to get barred to our apartment
What state are you in?
r u there?
You may be able to get a civil harassment restraining order against them to keep them away from your home. The California definition for harassment is repeated actions (such as following you, making harassing telephone calls, or sending harassing emails) that seriously alarm, annoy, or harass you, and that serve no legitimate purpose and causes you to be extremely emotionally upset (distressed)
Sorry, I was preparing my answer.
You may certainly report the theft and harm to your property to the police. Just know that in California, particularly in urban areas, the police are not highly reactive to non-dangerous crimes.
The crime of malicious mischief is defined as follows:
PENAL CODE SECTION 594-625c 594. (a) Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty ofvandalism: (1) Defaces with graffiti or other inscribed material. (2) Damages. (3) Destroys.
If the amount of defacement, damage, or destruction is four hundred dollars ($400) or more, vandalism is punishable by imprisonment in the state prison or in a county jail not exceeding one year, or by a fine of not more than ten thousand dollars ($10,000), or if the amount of defacement, damage, or destruction is ten thousand dollars ($10,000) or more, by a fine of not more than fifty thousand dollars ($50,000), or by both that fine and imprisonment.
If the amount of defacement, damage, or destruction is less than four hundred dollars ($400), vandalism is punishable by imprisonment in a county jail not exceeding one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.
what should I do next? small claim court
That is an option to seek compensatory damages for the expenses they caused you.
What county are you in?
Here is a good page on small claims actions in California. And here is a link for the San Mateo County Small Claims Advisor, which is a free service.
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