California Vandalism Defense Attorneys

What You Need to Know About Vandalism Charges-Penal Code Section 594

What is Vandalism?

Vandalism — a kind of “malicious mischief” under state law — might sound like kid stuff, but the consequences can be quite serious for those who are facing a charge of vandalism. California Penal Code 594 defines this crime as maliciously damaging or destroying property that’s not yours, or defacing it with “graffiti or other inscribed material.” That means a wide variety of destructive or unsightly behaviors could be considered vandalism, including seemingly minor crimes like shooting at a stop sign or scratching a name into a desk.

Vandalism can be filed as either a felony or a misdemeanor, depending on the dollar amount of the damage the vandalism caused, and whether the accused had any previous criminal record. If the damage is below $400 and there’s no prior offense, the penalties are up to a year in county jail, a fine of up to $1,000, or both. If there is a prior offense for graffiti or vandalism, the punishment jumps to up to a year in jail and/or a fine of up to $5,000. If the damage is over $400 then the case can be filed as a felony and the accused faces up to a year in jail or a state prison sentence of up to three years and a fine of up to $10,000; if the damage is valued at $10,000 or more, the fine rises to $50,000 and may be imposed along with time in jail or prison.

In addition to these punishments, a court can also order anyone convicted of vandalism to personally clean up or repair the damage, or keep a property free of graffiti for a year. Parents of minors convicted of vandalism can be required to help with this, unless it would be detrimental to their children. People of any age ordered to perform this sort of community service can also be ordered to counseling. And if a fine is imposed on a minor, his or her parents can be held liable for it unless that would be a financial hardship.

Wallin & Klarich can often negotiate with prosecutors to reduce or eliminate vandalism charges before they’re filed. Before filing, the district attorney’s office must consider whether to file the case as a felony or a misdemeanor. In some cases, Wallin & Klarich may be able to convince the prosecutor not to file the charges at all. In the event charges are filed, Wallin and Klarich we can argue for community service and graffiti cleanup duty rather than a jail sentence. Hiring our law firm at an early stage can help minimize the damage that a vandalism arrest can do to your life and your future.

More California Vandalism Information

• Vandalism Overview
• Vandalism: What You Need to Know
• Vandalism Prosecution
• Vandalism Defenses
• Vandalism Sentencing
• Vandalism FAQs
• Client Testimonials: Vandalism

California Vandalism Defense Law Firm

Vandalism Overview – California Penal Code Section 594

Vandalism is a serious crime in California. If you are charged with vandalism, you will need an attorney to defend your rights. The attorneys at Wallin & Klarich will be here for you.

Under California Penal Code Section 594, vandalism is defined as any person who maliciously defaces with graffiti, damages, or destroys any real or personal property. This means that a wide variety of destructive or unsightly behaviors could be considered vandalism, including seemingly minor crimes like shooting at a stop sign or scratching a name into a desk. Essentially, if the property or item does not belong to you and you destroy, deface, or damage it without the owner’s consent – you may be charged with the crime of vandalism in California.

Vandalism is a considered to be a “wobbler.” This means a conviction for vandalism can be a misdemeanor or a felony. If the damage done by the vandalism was more than four hundred dollars ($400), the prosecution has the discretion to charge a felony. There are circumstances where the amount of damage is irrelevant. For example, vandalism committed against a church can be a felony and punishable by up to three years in state prison, regardless of the amount of damage done. See California Penal Code 594.3.

If you or a loved was has been charged with vandalism, it is essential that you call an experienced criminal defense attorney. The attorneys at Wallin & Klarich have over 30 years of experience in dealing with all criminal matters. Our attorneys will explain to you the possible defenses and will work with you to get the best possible results. Call us at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.

More California Vandalism Information

• Vandalism Overview
• Vandalism: What You Need to Know
• Vandalism Prosecution
• Vandalism Defenses
• Vandalism Sentencing
• Vandalism FAQs
• Client Testimonials: Vandalism

California Vandalism Defense Lawyers

Vandalism Prosecution – California Penal Code Section 594

To prove that the defendant is guilty of California vandalism, the prosecution must prove that:

1. The defendant maliciously defaced with graffiti, damaged, or destroyed real or personal property AND
2. The defendant did not own the property AND
3. (If the prosecution is charging a felony) The amount of damage caused by vandalism was $400 or more.

Someone acts maliciously when he or she intentionally does a wrongful act or when he or she acts with the unlawful intent to annoy or injure someone else.

Graffiti or other inscribed material includes an unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on real or personal property.

Damage need not be permanent

To deface property under California Penal Code 594, the defacement does not need to be permanent.

Damage cannot be aggregated

The prosecution cannot use an aggregated amount of damages. In other words, if the defendant defaced four houses with $100 of damage each, the prosecution cannot add the damage from the four houses to get a total of $400 in damage and then charge a felony.

Related Crimes:

Business Owners Cannot Sell Aerosol Paint to Minor – California Penal Code 594.1(a)(1)

It is a misdemeanor for anyone or business to sell/give aerosol paint to a minor.

Minors purchasing aerosol paint – California Penal Code 594.1(b)

It is unlawful for a minor to purchase aerosol paint. This crime is a misdemeanor.

Carrying Spray Paint on Public Streets – California Penal Code 594.1(d)-(e)

It is unlawful for anyone to carry spray paint while in a public facility like a park, playground, or recreational area. It is also unlawful to carry spray paint while on a public highway or street. These crimes are a misdemeanor.

Possessing Spray Paint with intent on committing vandalism – California Penal Code 594.2(a)

It is a misdemeanor for anyone possessing spray paint with the intent to commit vandalism or graffiti.

More California Vandalism Information

• Vandalism Overview
• Vandalism: What You Need to Know
• Vandalism Prosecution
• Vandalism Defenses
• Vandalism Sentencing
• Vandalism FAQs
• Client Testimonials: Vandalism

California Vandalism Defense Attorneys

Vandalism Defenses – California Penal Code Section 594

Defendant Lacked the Requisite Mental State to Commit Vandalism

Under California Penal Code Section 594, the defendant must have acted maliciously when damaging or defacing property. If the defendant acted unintentionally and without the unlawful intent to annoy or injure property, this can be used as a defense to the charge of vandalism.

Defendant Owned the Damaged Property

Under California Vandalism Penal Code Section 594, the defendant must have maliciously damaged or defaced property which the defendant did not own. If the defendant can establish ownership of the damaged property, this may be a viable defense to vandalism under Penal Code Section 594.

Consent Given by Owner

The defendant can use the owner’s consent to damage or destroy the property as a defense. If the owner gave the defendant consent to do so the defendant cannot be convicted of vandalism. For example, the landlord allows the defendant to tear down cabinets to have them replaced. The landlord cannot then claim that the defendant destroyed the property because the cabinets were torn down. The landlord allowed the defendant to destroy the property. Therefore, it would not be vandalism.

More California Vandalism Information

• Vandalism Overview
• Vandalism: What You Need to Know
• Vandalism Prosecution
• Vandalism Defenses
• Vandalism Sentencing
• Vandalism FAQs
• Client Testimonials: Vandalism

California Graffiti Defense Attorneys

Vandalism Sentencing & Punishment – California Penal Code Section 594

Vandalism damages of $400 or more – California Penal Code 594(b)(1)

If the monetary damage to restore the property due to vandalism is four hundred dollars ($400) or more, the defendant can be convicted of a misdemeanor or a felony. The prosecution has discretion on whether they charge the crime as a misdemeanor or a felony.

A misdemeanor conviction of vandalism can result in imprisonment for up to one year in county jail and a fine of up to ten thousand dollars ($10,000), or both fine and imprisonment.

A felony conviction of vandalism can result in imprisonment for up to three years in state prison and a fine of up to ten thousand dollars ($10,000), or both fine and imprisonment.

If the damage from vandalism is ten thousand dollars ($10,000) or more, the fine can increase to fifty thousand dollars ($50,000).

Vandalism damages less than $400 – California Penal Code 594(b)(2)(A)

If the damage from vandalism is less than four hundred dollars ($400), the defendant will be convicted of a misdemeanor and face punishment of imprisonment for up to one year in county jail, or a fine of one thousand dollars ($1,000), or both fine and imprisonment.

Vandalism damages less than $400, but defendant has prior conviction – California Penal Code 594(b)(2)(B)

If the damage from vandalism is less than four hundred dollars, but the defendant has a prior conviction of vandalism, the defendant can be punished by imprisonment for up to one year in county jail, and a five thousand dollars ($5,000) fine, or both.

Other punishment available to Defendant

Upon conviction of vandalism, the court has the power to order the defendant to clean up, repair, or replace the damaged property.

If the conviction of vandalism consisted of the defendant defacing property using graffiti, the court can also order the defendant to keep the damaged property or another specified property in the community free of graffiti for up to one year. This means that the defendant would have to clean up any graffiti on that specified property, even if the defendant was not the one that vandalized the property. See California Penal Code 594(c).

The court may also order the defendant to perform community service.

Loss of Driver’s License – California Vehicle Code 13202.6

Upon a conviction for vandalism of a defendant who is 13 years of age or older, the court shall suspend the defendant’s driver’s license for up to two years. If the defendant is not eligible to drive at the time of the conviction, the court shall suspend the issuance of the driver’s license, once the defendant is eligible, for 1-3 years. The only exception to this suspension would be if the court finds that suspending the defendant’s driving privilege would result in personal or family hardship.

Hate Crime – Vandalism on a Church/Place of Worship – California Penal Code 594.3(a)

It is a crime for anyone to knowingly commit an act of vandalism to any church, synagogue, mosque, temple, or any place primarily used as a place of worship. This crime can be charged as a misdemeanor or a felony. A misdemeanor conviction can be punished by imprisonment for up to one year in county jail. A felony conviction can be punished by imprisonment for up to three years in state prison.

It is a felony for anyone who knowingly commits an act of vandalism on a church, synagogue, mosque, temple, or any place primarily used as a place of worship, which has shown to be a “hate crime” and to have been committed for the purpose of intimidation and deterring persons from freely exercising their religious beliefs. A conviction can be punished by imprisonment for up to three years in state prison. See California Penal Code 422.55.

Gang Enhancement – California Penal Code 186.22

The punishment for a felony conviction of vandalism may be increased if the crime was done for a criminal street gang. Anyone convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall be punished by imprisonment in state prison for an additional two, three, or four years.

If the prosecution charges the defendant with the gang enhancement under California Penal Code 186.22, a felony conviction of vandalism could be considered as a “serious felony” and count as a “strike” on the defendant’s record under the California Three Strikes law. See California Penal Code Section 667 and Section 1192.7(c)(28).

For the above reasons, it is critical that you talk to an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling all types of criminal matters. Our attorneys will defend your rights and fight for your rights. Call us today at (888) 749-0034 or visit us on our website at www.wklaw.com. We will be there when you call.

More California Vandalism Information

• Vandalism Overview
• Vandalism: What You Need to Know
• Vandalism Prosecution
• Vandalism Defenses
• Vandalism Sentencing
• Vandalism FAQs
• Client Testimonials: Vandalism

California Vandalism Defense FAQs

1. Can I still be charged with vandalism even if the damage was not permanent?

Yes, damage does not need to be permanent to constitute vandalism under California Penal Code 594. For example, writing on a glass window with a marker pen was punishable defacement under the statute. See In re Nicholas Y. (2000) 85 Cal.App.4th 941, 944 [102 Cal.Rptr.2d 511].

2. Can I get my charge reduced?

It is important that you speak with an experienced criminal defense attorney. The attorney will first try to get the case dismissed. If the case cannot get dismissed, the attorney may be able to obtain a reduced charge. For vandalism, an attorney can help you get a felony vandalism charge reduced to a misdemeanor with lighter penalties.

3. Are there any alternatives to getting my driver’s license suspended?

A person who is convicted of vandalism may elect to reduce the period of suspension or delay imposed by the court by performing community service under the supervision of the probation department.

The period of suspension or delay ordered shall be reduced at the rate of one day for each hour of community service performed.

In addition, your attorney should seek a plea bargain agreement that does NOT include a suspended license.

4. Can I be charged with vandalism if the damaged property was owned by me and someone else?

Yes, it is considered vandalism if you are a co-owner of property and you damage/deface the property without the other co-owner’s consent.

More California Vandalism Information

• Vandalism Overview
• Vandalism: What You Need to Know
• Vandalism Prosecution
• Vandalism Defenses
• Vandalism Sentencing
• Vandalism FAQs
• Client Testimonials: Vandalism

Testimonials

Vandalism

“I was charged with DUI with a refusal allegation and a vandalism charge. I was facing mandatory jail time. I could have easily been sent to county jail for 45 days. Wallin & Klarich was able to work with the prosecutors and expose the weaknesses of their case. This allowed them to plea bargain and gets me an incredible deal. I was given NO jail time and only 10 days of community service. Also the vandalism charge was dismissed outright. Thank you Wallin & Klarich for your help.”

-H. R.

More California Vandalism Information

• Vandalism Overview
• Vandalism: What You Need to Know
• Vandalism Prosecution
• Vandalism Defenses
• Vandalism Sentencing
• Vandalism FAQs
• Client Testimonials: Vandalism