Los Angeles Domestic Violence Attorney: Damaging Phone, Electrical, or Utility Lines

Domestic violence charges in California are not limited to physical assaults or acts of direct bodily harm. One offense that often arises in domestic settings, yet does not necessarily involve physical violence, is damaging phone, electrical, or utility lines. Under California Penal Code Section 591 PC, it is a criminal act to maliciously take down, remove, damage, or obstruct any telephone, cable, or electrical line—or the equipment attached to those lines. Although the offense can be committed in varied contexts, it frequently occurs in domestic disputes when one party attempts to prevent another from seeking help or calling the authorities. 

When this conduct involves someone covered under California’s domestic violence statutes, penalties and sentencing provisions become harsher due to the added domestic violence designation. If you have been charged or accused of damaging phone, electrical, or utility lines in a domestic dispute, get in touch with an experienced and skilled domestic violence attorney who will ensure your rights are protected and help you avoid jail time.

California Penal Code Section 591 PC prohibits damaging or obstructing any telephone, cable television, or electrical line, as well as any equipment connected to those lines. The prosecution must establish that the defendant:

• Took down, removed, damaged, or obstructed a phone, electrical, or utility line (or equipment).
• Severed or made an unauthorized connection to a telephone, cable, or electrical line-
• Acted maliciously in doing so.

“Maliciously” in this context means that the defendant intentionally committed a wrongful act or acted with the unlawful intent to annoy or harm someone else. The prosecution does not need to prove that the defendant’s primary goal was to cause phone lines to fail or to deprive someone of electricity; it only needs to show that the act was done deliberately with ill will, or in a way that the defendant should have reasonably expected would result in damage or obstruction.

Many people associate Penal Code Section 591 PC exclusively with cutting phone lines, but California courts interpret the law broadly. Knocking a phone out of someone’s hand, removing the phone’s battery, or yanking the phone cord from the wall can constitute damaging or obstructing a phone line if it interferes with the person’s ability to call for help.

While damaging a phone line can be committed in any setting, it often arises in domestic disputes. California Family Code Section 6211 FC defines “domestic violence” to include abuse or threats of abuse toward a current or former spouse, someone with whom the defendant shares a child, or certain other closely related individuals (e.g., cohabitants, close family members, or someone in a dating relationship with the defendant). When damage to a phone line happens in this context, it may be charged both under Penal Code Section 591 and as an act of domestic violence, triggering California Penal Code Section 1203.097 PC for sentencing.

Prosecutors frequently charge this offense alongside other domestic violence allegations, such as criminal threats or physical assault. The belief is that the defendant attempted to prevent the victim from seeking help or contacting law enforcement. Even if there was no actual or threatened physical harm, the deliberate interference with someone’s ability to place an emergency call can be deemed part of an abusive pattern of control or intimidation.

California criminal jury instructions (CALCRIM) clarify the elements that must be proven beyond a reasonable doubt to sustain a conviction under Penal Code Section 591. Although the precise instruction number may vary in updated versions, the content typically tracks the following points:

• The defendant removed, damaged, or obstructed a phone line (or the equipment connected to it) or severed or made an unauthorized connection to an electrical or cable line.
• The defendant did so maliciously—that is, with the intent to do a wrongful act or with the intent to disturb, annoy, or injure another person.
• The defendant did not have legal justification or permission for this act.

Because malicious intent can sometimes be inferred from the surrounding circumstances, the jury instructions emphasize that the prosecution may rely on both direct and circumstantial evidence to establish a defendant’s state of mind. For instance, if there had been a heated argument about calling the police immediately before the defendant smashed the victim’s phone, the jury could reasonably conclude that the defendant acted maliciously to interfere with the victim’s attempt to report a crime or seek help.

Damaging a phone, electrical, or utility line is considered a “wobbler” offense in California. A wobbler can be charged as either a misdemeanor or a felony, depending on the seriousness of the offense and the defendant’s criminal history. When deciding how to file charges, the prosecutor will assess factors like:

• The extent of damage to the phone line or device.
• There was a physical altercation in conjunction with the phone line damage.
• Prior convictions for domestic violence or other crimes.
• The victim’s injuries, if any.
• The level of threat or intimidation directed at the victim.

Suppose a defendant is convicted of misdemeanor damaging of a phone, electrical, or utility line. In that case, the maximum sentence includes up to one year in county jail and a fine of up to $1,000. The court can also impose additional probationary terms, community service, or restitution to compensate for the damage.

A felony conviction under Penal Code Section 591 PC can result in a prison sentence of up to three years, plus fines and a possible post-release supervision period. The maximum prison term is not mandatory; the judge will evaluate the defendant’s overall criminal history and the circumstances of the offense to determine an appropriate sentence within the felony sentencing range.

If the offense qualifies as a domestic violence incident—meaning the victim was a current or former spouse, significant other, co-parent, or other individual specified in Family Code Section 6211—special sentencing requirements apply if the defendant is granted probation. Under Penal Code Section 1203.097 PC, the court must:

• Impose at least three years of formal probation.
• Issue a criminal protective order (restraining order) prohibiting contact with the victim.
• Attendance in a 52-week batterers’ intervention program.
• Impose a minimum fine of $500, with assessments that can substantially increase the total financial penalty.
• Potentially mandate community service or alternative labor programs.

This sentencing scheme reflects California’s public policy of addressing domestic violence through not only punitive measures but also rehabilitative components, such as mandatory counseling or educational programs.

Beyond jail or prison time, a domestic violence conviction in California can bring life-altering collateral consequences. A person convicted of a domestic violence offense can face:

• Immigration Issues: Certain domestic violence convictions may lead to deportation or inadmissibility for non-U.S. citizens.
• Firearm Restrictions: Under federal and state law, individuals convicted of felony offenses or specific domestic violence misdemeanors lose their right to own or possess firearms.
• Child Custody Challenges: Family courts typically take domestic violence findings into account when making custody and visitation determinations.
• Employment and Licensing Problems: Background checks frequently reveal domestic violence convictions, potentially hampering professional licensing or career opportunities.

While the consequences of damaging a phone line can be severe, there are viable defenses that a skilled criminal defense attorney may raise. Potential defenses include:

• Lack of Malicious Intent: If the damage was accidental—for example, grabbing the phone in a scuffle, and it broke unexpectedly—then the prosecution may not be able to prove that the defendant acted maliciously.
• Ownership or Consent: In rare situations, the phone or line in question may belong to the defendant, or the defendant may have had permission to disconnect or remove equipment. This defense typically hinges on showing there was no wrongful or malicious intent.
• Insufficient Evidence: Prosecutors must prove beyond a reasonable doubt that it was the defendant who damaged the line and did so willfully. A lack of reliable witnesses or other proof may undermine the state’s case.
• Self-Defense or Defense of Property: If the defendant was trying to defend themselves from an imminent threat, and the phone was incidentally damaged, the defendant may argue that any damage was collateral to an act of self-defense.

 Each case turns on the unique facts surrounding the incident. Early intervention by defense counsel can lead to favorable negotiations with prosecutors, such as reducing or even dismissing charges when the evidence is weak or the defendant lacks a criminal history.

If you or someone you care about is accused of violating Penal Code Section 591 PC or any domestic violence statute, the stakes are high. At Kraut Law Group Criminal & DUI Lawyers, we understand the legal, personal, and professional consequences that a criminal conviction can carry. Led by former Deputy District Attorney Michael Kraut, our firm brings decades of prosecutorial and defense experience to every case, giving clients the advantage of a well-rounded perspective in negotiations and trials. Our approach includes:

• Thorough Investigation: We independently review police reports, witness statements, and any available video or audio evidence to construct a comprehensive picture of what happened.
• Strategic Defense: Whether the best course is an aggressive challenge at trial or a negotiation for a more favorable outcome, our team pursues the strategy that best fits your circumstances.
• Pre-Filing Representation: Often, the best time to influence a case is before charges are formally filed. Our early intervention can sometimes persuade prosecutors to file lesser charges or refrain from filing altogether.
• Personalized Guidance: Legal proceedings can be stressful and confusing. We ensure that clients fully understand their charges, available defenses, and potential outcomes at every stage of the process.

We pride ourselves on meticulous case preparation and tenacious courtroom advocacy. Criminal charges should never be faced alone, especially when a domestic violence allegation could derail your life. Our team is committed to fighting for your rights and your future.

Charges for damaging phone, electrical, or utility lines under California Penal Code Section 591 PC can arise from a variety of scenarios, but they commonly appear in domestic dispute settings. Being charged with a crime under these circumstances places you at risk of incarceration, heavy fines, and restrictive court orders, especially if the charge falls under the domestic violence category. The mandatory conditions of probation for domestic violence offenses can result in programs and fines that have a major impact on your personal life and financial situation.

No matter how serious the situation feels, it is critical to remember that you have constitutional rights and legal defenses. The prosecution must prove each element of the offense beyond a reasonable doubt, including that you acted maliciously. You are entitled to challenge the evidence against you, question witnesses, and present your side of the story. With the experienced and diligent representation of Kraut Law Group Criminal & DUI Lawyers, you will have an advocate who not only understands the nuanced legal framework but also the strategies that can make a decisive difference in the outcome of your case.

If you or a loved one has been arrested or charged with damaging a phone, electrical, or utility line, reach out today to Kraut Law Group Criminal & DUI Lawyers. Early intervention by a dedicated defense attorney can help protect your rights, preserve evidence, and potentially secure a more favorable result—sometimes even before charges are filed. Your future may depend on the decisions you make right now. Allow our legal team to guide you every step of the way. Our mission is to provide top-tier legal counsel rooted in compassion, skill, and a commitment to achieving the best possible resolution for your case.