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December 26, 2009

Taunton, Massachusetts police investigate vandalism and tagging incidents

Taunton, Massachusetts police are investigating a series of vandalism and tagging incidents over the past few days before the Christmas holiday according to a news report from the ABC news.

Massachusetts General Laws Chapter 266 section 123A prohibits tagging or graffiti to property. The tagging statute carries with it the potential for a two year jail sentence in the house of correction; a conviction of tagging may result in jail time or probationary conditions. Further, a conviction of tagging typically involves an order of restitution for the damage to the property. Closely related to the tagging statute is Massachusetts General Laws Chapter 266 Section 127 relating to malicious destruction of property.

In defending a charge of tagging or malicious destruction of property, a Massachusetts criminal defense attorney would want to look carefully at the evidence identifying the defendant as the person causing the damage to the property. Assuming there is a witness to the destruction of the property, a criminal lawyer would attempt to negotiate with the Commonwealth for either a dismissal on restitution or a short probationary period.

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