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Fort Myers Criminal Defense Lawyer / Blog / Burglary, Theft & Vandalism / How Can Prosecutors Prove You “Tagged” a Building in Fort Myers?

How Can Prosecutors Prove You “Tagged” a Building in Fort Myers?


Graffiti is perhaps the most common form of vandalism in Fort Myers, although many disagree with this label. To the artists behind graffiti, they are legitimate artists exercising their freedom of expression – not vandals. Unfortunately, authorities and prosecutors in Fort Myers don’t quite see graffiti in the same light – and you face serious consequences for engaging in this crime. How do prosecutors prove you were the one who “tagged” the property in question?

Surveillance Footage 

Perhaps the most obvious form of evidence in a Fort Myers vandalism case is surveillance footage. In the modern era, most public eras are filled with these cameras. While some graffiti artists wear hoods and masks to avoid being caught on camera, authorities may refer to other identifying aspects of your appearance to convict you.

 Eyewitness Accounts 

You may also face evidence in the form of eyewitness testimony. For example, a business owner may have seen you tagging their property, and they may be able to identify you in court. This testimony can be successfully challenged, however. For example, it may have been too dark to make out your face – or the witness may have vision problems.

 Matching Your Known Tags

 A graffiti tag is like a signature, and it can be matched to specific people. In many cases, the people behind specific tags are completely anonymous. If they are caught by the authorities, however, their identities may become clear. It is at this point that police may take a closer look at your specific tag and attempt to match it to other known copies throughout Fort Myers. This is important, as it may lead to numerous graffiti offenses. Instead of being charged with a single offense after being “caught in the act,” you could face numerous vandalism counts for matching tags throughout town.

For example, you might have tagged 30 different locations throughout Fort Myers. If prosecutors successfully connect you with your tag, you could face 30 counts of misdemeanor vandalism. While a single misdemeanor vandalism charge may not seem serious, facing 30 separate counts is clearly much more problematic.

Specific people are linked with certain tags all the time in Fort Myers. For example, one mysterious individual in Punta Gorda is apparently responsible for tags reading “besh” across town. Police were quick to point out that if this individual is ever located, he could face separate vandalism counts for each specific appearance of “besh” across Punta Gorda.

Find a Qualified, Experienced Vandalism Defense Lawyer in Fort Myers 

If you have been searching for a qualified, experienced vandalism defense lawyer in Fort Myers, look no further than Foley & Wilson. With our help, you can strive for a positive outcome after being accused of scrawling graffiti on private property. We are well aware of the various strategies prosecutors tend to employ during criminal trials – and we can push back effectively. To learn more about appropriate defense strategies, be sure to book a consultation today.




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