The crime of vandalism is defined under the California Penal code as any person who maliciously commits an act such as defacing with graffiti, damaging or destroying any real or personal property that is not his or her own, without the consent of the owner. Otherwise known as malicious mischief, it generally describes when a person willfully destroys or disfigures personal property of another.
This week in San Clemente, someone vandalized a painting by Paul Gavin, who is a local artist, by spraying paint over it, within a day of it be displayed at the entrance to a walkway pedestrian tunnel beneath the railroad tracks at the San Clemente Pier. The city manager installed two paintings on last Wednesday at the tunnel entrances. After which, one of the painting was sprayed with paint and has since been cleaned up.
Vandalism might sound just like “kids” messing around, however the consequences can be quite serious. Vandalism is known as a wobbler, which basically means it can be filed as either a felony or a misdemeanor, depending on the dollar amount of the damage. Nowadays almost any damage to a car, home or other property would have the value of over $400 dollars.
If the damage is below $400, the penalties include probation, community service and potential custody time up to a year in county jail, a fine of up to $1,000, or both. If the damage is over $400 then the case can be filed as a felony and you face up to a year in jail or a state prison sentence of up to three years in prison. In addition to any criminal penalties, the court shall suspend your privilege to drive according to the California Vehicle Code.
If you or a loved one have been accused or charged with vandalism, it is very important that you speak with an experienced criminal defense attorney immediately, like the attorneys at Wallin & Klarich. We have over 30 years of experienced handling this type of matters and can assist you in obtaining the best possible result. Call the law firm of Wallin& Klarich today at, (888) 749-0034 to speak to an experienced criminal defense attorney about your case.
