Vandalism–California Penal Code 594

What do the prosecutors need to prove in order to convict me of Vandalism?

The prosecutors will need to prove:

1) that you maliciously defaced with graffiti (or some other material), damaged or destroyed property and

2) that you did not own the property by yourself or with someone else and

3) determine whether the amount of damage caused by the vandalism was more or less than $400.^[1]

A “malicious” act is something you do knowing it is wrong or that it would cause harm or injure something, or that would annoy someone. [2] Example: You are at your in-laws’ house for dinner. A debate leads to a heated argument. In the process of defending yourself, you pick up a glass and throw it against the wall. You threw the glass knowing it would break, knowing that it would annoy your in-laws, and knowing that it was wrong because the glass was not yours to break.

“Defacement” does not mean that the damage is permanent. It refers to the act, not the long term condition of the property. [3]  By way of example, if you draw on school property with sidewalk chalk, which is then easily and completely washed away, that could still qualify as defacement.

“Graffiti” is any unauthorized word, mark, figure, inscription, or design that is written, marked etched, scratched, drawn or painted on real or personal property. [4] When you hear the word graffiti you most likely think of spray painted words on freeway overpasses and on buildings.  However, scratching your number on the inside of a bathroom stall, the carving the initials of you and your special someone on a park tree, or writing on a store’s glass window without permission all may also be considered “graffiti”.

How do I fight a Vandalism charge?

Be proactive in your case. You lawyer is there to help you but it is imperative that you be a part of the process.  Collect information on witnesses or alibis you may need for your case. If you have knowledge about the owner(s) of the property in question, be ready to share that with your lawyer. Here’s another example: you were painting your duplex with a sprayer. You thought you had put enough protective covering around the area you are working on, but paint still got on your neighbors side. Showing that you made an effort to protect their property while working on your own, helps prove your lawful intent.

What is the sentence for Vandalism?

Vandalism is one of the very few crimes that can be charged either as an infraction, misdemeanor or felony.

You could be charged with Vandalism as an infraction if it is your first vandalism offense and the amount of the damage is less than $250.[5]  The sentence for an infraction could include a fine of a few hundred dollars.

If the amount of damage is under $400 and you are charged with a misdemeanor, the maximum sentence that could be given is no more than a year in the county jail and/or a fine of no more than $1,000.[6] If you have had previous convictions for vandalism, the fine could be increased to no more than $5,000.[7]

If the amount of damage is over $400 and you are charged with a misdemeanor, the maximum sentence is no more than a year in the county jail and/or a fine of no more than $10,000.  If the damage exceeded $10,000, then the fine may be increased to no more than $50,000.[8]

You may also be required by the court to clean up, repair, or replace the damaged property. You may also be required to keep said area clean and graffiti free for up to one year.  If they find that that is inappropriate in your case, the court may assign other types of community service for you, [9] or to undergo counseling.[10]

Regardless of how old you are, if convicted of Vandalism, a judge could suspend your driver license for up to two years.[11]  If you don’t have a driver license at the time you are convicted of Vandalism, the court could delay your ability to get a driver license for up to three years from the date you are eligible to drive.  The statute is written in a way that requires the judge to take this action, unless there is a personal or family hardship that exists that requires you to have a driver license for employment, school, or medical issues.  These can be your own needs or your family members’ needs.  For many college students (and parents), this is the most important consequence to be avoided.  The law allows you to shorten the length of the license suspension/delay by performing community service under the supervision of the probation department.[12]

If the amount of damage is $400 or more, you could be charged with Vandalism as a felony.  In that case, you face all the sentencing terms above, but instead of facing a term of imprisonment for one year in the county jail, you face the possibility of imprisonment in the state prison for 16 months to 3 years.[13]