San Diego Vandalism Charges Attorney

Understanding Vandalism in California

In California, vandalism is defined by three main points, also called the “elements of the offense.” The prosecutor must demonstrate all three elements for a conviction under PEN 594.

The elements of vandalism are:

1. You intentionally “defaced with inscribed material or graffiti,” destroyed or damaged someone else’s property
2. You shared ownership with another person or were not the owner of the property, and
3. The value of the damage, destruction, or defacement was either

• Under $400 for a misdemeanor charge, or
• $400 or more for a felony charge

Defaced With Inscribed Material or Graffiti

Graffiti or inscribed material is any unauthorized writings, drawings, or designs a defendant makes on someone else’s property.

Property refers to land and any structure fixed to it, like a house or a building. Personal property includes all other items, such as the furniture in your home or your car. The graffiti or other written material does not have to be permanent.

Property Was Not Solely Yours or Was Jointly Owned With Another Individual

While this aspect of vandalism seems straightforward, there are some important issues to consider. For example, if vandalism occurs on public space or property, such as a park, the court can assume you do not own it and do not have the right to damage, destroy, or deface it.

The vandalism law in California, PEN 594, covers properties you jointly own with another individual. This law means the court can sentence a wife or husband for vandalizing property shared with their spouse.

Maliciously

According to California law, acting “maliciously” involves:

1. You either do something wrong on purpose or
2. You have the intention to hurt or bother someone else

It does not always imply that you intend to violate the law. If you accidentally damage someone else’s property without malicious intent, you are not guilty of vandalism in California.

The Extent of Damage

When the repair or replacement cost of the damaged item is under $400, you face only misdemeanor vandalism charges. However, if the price is $400 or higher, prosecutors can charge you with a misdemeanor or a felony in California.

Vandalism in California is comparable to certain theft offenses because the penalties depend on how much damage you cause or the value of the stolen items.  If you face charges for several vandalism acts that the prosecutor can show to have the same intent, they will sum up the total damage. If it totals $400 or more, you might face felony vandalism charges.

If the prosecution charges you for felony vandalism, it does not guarantee a conviction. For example, if a jury finds you vandalized property but believes the damage is under $400, they may sentence you for a misdemeanor vandalism.

A separate law, Vehicle Code (VC) 10853, generally addresses vehicle vandalism. Under this law, the court classifies damaging or destroying a car without the property owner’s permission as a misdemeanor.

Penalties For California Vandalism Offenses

California PEN 594 sets penalties for vandalism depending on the situation. The penalties depend on these factors:

• The amount of damage you caused
• Any past vandalism offenses
• The type of property that you damaged

Misdemeanor Vandalism, PC 594

In many vandalism lawsuits, if the damages are under 400 dollars, the court charges it as a misdemeanor.

The possible penalties for this type of vandalism include:

• Not more than 1 year behind bars
• A fine of up to one thousand dollars—or not exceeding five thousand dollars if you had a previous vandalism conviction
• Informal probation

Possible probation conditions for a misdemeanor vandalism conviction may include:

• A suspension of your driver’s license for no more than two years
• If you do not have a license yet, a delay of one to three years before you can acquire one),
• Community service—involves cleaning, replacing, or fixing damaged properties
• Mandatory counseling,
• The responsibility is to keep damaged properties or other local properties free of graffiti for over a year.

Felony Vandalism, PC 594

Under PC 594, the law considers vandalism a wobbler crime when destroying vandalized properties worth $400 or more.

The prosecution can file wobbler charges, meaning either a felony or a misdemeanor. Prosecutors base their decision on the following:

• The specifics of your case
• Your criminal record.

If the damages are worth $400 or more and the court finds you guilty of misdemeanor under PC 594, you could face:

• Not more than one year in jail
• A fine of up to $10,000 — or fifty thousand dollars if the damages are $10,000 or more
• Similar probation terms for a misdemeanor conviction

If the damages are $400 or more and the court convicts you of a felony under PEN 545, you could face the following:

• Probation not exceeding one year in jail
• A jail term of 16 months, two years, or three years
• A fine of up to $10,000 or $50,000 if the damages were worth $10,000 or more
• Probation

If you have two or more prior vandalism convictions, with jail time or probation in one of those cases, you should serve a prison or jail sentence this time.

Legal Consequences For Graffiti Causing Damage Under $250

If charged with vandalism for graffiti or other inscriptions and repair costs are under $250, the prosecution may pursue a milder penalty under PC 640.5 and PC 640.6.

It is up to the prosecutor to decide. They might also file charges for standard misdemeanor vandalism, according to PC 594. Suppose the prosecutor charges you under PC 640.5 or PC 640.6, which covers graffiti laws. In that case, the penalties will depend on whether it is your first or subsequent conviction for vandalism or graffiti in California.

Unlike other vandalism, the court can charge graffiti under PC 640.5 or PC 640.6 if repairing the damage costs under 250 dollars.

First Time Conviction

If you do not have a past vandalism conviction in California, your graffiti charge counts as an infraction under PC 640.5 and PC 640.6. The possible penalties for this conviction include community service or a fine of up to $1,000.

Second Time Conviction

Suppose the court previously convicted you of vandalism under PC 594 or any California law related to vandalism. In that case, the court will consider a graffiti offense that costs less than two hundred and fifty dollars a misdemeanor crime.

Misdemeanor penalties for graffiti under PC 640.5 and PC 640.6 are less harsh than those under PC 594.

These penalties may involve:

• Up to 6 months behind bars
• A fine reaching $2,000
• Community service

Third and Further Convictions

Suppose you have two or more vandalism convictions in California and have served jail time or probation term or at least one. You will encounter stricter penalties if you face charges for graffiti damage under $250, according to PC 640.5 or PC 640.6.

Also, you may encounter the following penalties:

• Up to 12 months in jail
• Fines reaching $3,000
• Community service

Legal Consequences For Other Forms of Vandalism

PC 594 is not the only vandalism statute in California. The Penal Code has more sections explaining various consequences for vandalism. These laws emphasize the kind of offense or the property affected instead of the cost of damage.

Vandalizing a Place of Worship Under PC 594.3

Under PC 594.3, vandalizing a temple, church, or any place of worship is always treated as a wobbler, no matter how much it costs to fix the damage. If a court convicts you of a misdemeanor for damaging or defacing a place of worship, you could face:

• One year behind bars
• A fine of up to $1,000, and
• Probation

Also, if the court convicts you of a felony for the same act, the penalties include:

• Imprisonment for sixteen months, two years, or 3 years
• A fine of up to $10,000
• Probation

If you vandalize property to intimidate someone based on their religious beliefs, you will automatically receive a felony sentence. A similar law, PC 594.35, applies to vandalism at cemeteries or mortuaries and carries the same penalties.

Vandalism Using Caustic Chemicals Under PC 594.4

Using “butyric acid or similar harmful chemicals” for vandalism is a wobbler, no matter how much damage you cause.

• If the court charges this offense as a misdemeanor, this type of vandalism can result in up to 6 months of imprisonment
• If the court charges it a felony, the sentence can be from sixteen months to three years
• A conviction can lead to fines between $1,000 and $50,000, based on the damage caused and other probation requirements

Restraining Orders

The court may issue a restraining order under PC 490.8, preventing you from accessing the store you damaged for two years.

Possible Defenses For a Vandalism Charge

A seasoned criminal defense attorney can present different legal defenses for vandalism charges under PC 594. Here are some of the common defenses available.

Accident

If you accidentally destroy or damage another person’s property without malicious intent, you are not violating California’s vandalism law. In this case, you can use the “accident defense” to avoid a conviction.

Wrongful Arrest or False Allegations

Feelings of anger, jealousy, or a desire for revenge can motivate individuals to accuse an innocent person of gaining power over them falsely. People sometimes accidentally damage property and blame their partner.

Additionally, someone might falsely allege another person of vandalism to hide their wrongdoing. When the authorities catch a group of young adults spraying graffiti, some may try to shift the blame to one individual in the group.

Mistaken identity

Someone could wrongly accuse you of breaking vandalism law under PC 594 due to them mistaking you for someone else. This can happen if:

• You fit the description of someone who vandalized property
• Someone mistakenly thought you were responsible for damaging their building and blamed you, even though you had no part in it
• You were with others who vandalized property, even if you did not participate

Expunging a Vandalism Conviction from Your Record

If you receive probation for a misdemeanor or felony vandalism charge, you can expunge your California criminal record after completing your probation.

However, the judge may refuse your request for expungement if you violate probation or do not follow all the rules set by the court. If you face felony vandalism, the court might consider lowering it to a misdemeanor.

Additionally, if you meet all probation requirements for the first one or two years, the court may allow you to end your probation early.

What are the Benefits of Expunging a Criminal Record?

Many people wonder if they should expunge their criminal records. The benefits of expungement are:

• When someone conducts a background check, your felony charge will not appear. It makes securing a job, financing, or finding housing easier.
• The court will restore your Second Amendment rights.
• You can obtain a professional license.
• You will be eligible to serve on a jury.

Vandalism Laws for Minor Offenders

A significant number of those arrested for vandalism are minors. If your child faces vandalism charges, consult a criminal defense lawyer who knows both vandalism cases and the California juvenile court process. Parents should also be aware that some consequences of vandalism can affect them and their children.

For example, if the court finds your child guilty under California’s vandalism laws, you might have to pay their fines if they cannot. Additionally, if your child does community service for vandalism, you may need to assist them in completing those tasks.

Related charges

Several offenses are often linked to or can replace California vandalism charges. These include:

Trespassing under PC 602

This law in California makes it illegal to enter someone else’s property without permission. If you are walking on someone else’s property when they accuse you of vandalism, it is common for prosecutors to press charges for both crimes. Trespassing in California is usually considered a misdemeanor.

Burglary Under PC 459

California law defines burglary as entering someone else’s property to commit a petty theft or felony once inside. If prosecutors accuse you of entering a property to perpetrate felony vandalism, they may accuse you of burglary and vandalism.

Illegally entering a home or a building with people inside is a felony that can result in six years in prison. Breaking into vacant buildings is less serious and can be a felony or a misdemeanor.

Arson Under PC 451

PC 451 addresses arson in California, making it illegal to set fire to someone else’s property intentionally and, in other cases, your own. If the court charges you with arson for burning someone else’s property, you might also face charges for damaging that property under vandalism law.

Malicious arson counts as a felony, and the penalties vary based on:

• The kind of property involved
• If the fire hurt anyone, and
• If the fire was set intentionally

Gang Enhancement

PC 186.22 is California’s law that increases penalties for felonies (or attempted felonies) if you commit them to benefit a criminal gang or, under its direction, to advance the gang’s illegal activities.

Graffiti, often called “tagging,” is a frequent method for gangs to advertise themselves. Therefore, prosecutors are likely to apply this gang enhancement to felony vandalism cases that involve graffiti indicating tagging or gang crew connections.

Domestic Violence

Vandalism occurs if someone intentionally damages property they share with another person. It often occurs during domestic disputes, where one partner can damage shared property during arguments.

As a result, vandalism charges sometimes relate to domestic violence allegations in California.

One type of domestic violence crime is corporal injury to a cohabitant or spouse  (PC 273.5). This charge applies when someone intentionally harms their spouse. The injury must be visible.

Another charge related to domestic violence is domestic battery (PC 243e1). This misdemeanor can apply if there are claims that a person used any level of violence or force against their spouse, even if it was minor and left no visible injury.

Damage To an Electrical or Telephone Line Under PC 591

This law covers property damage related to electrical, phone, or utility lines. It allows wobbler legal penalties for those who cut, damage or block these lines or their equipment. If the court accuses you of harming electrical or telephone property, you might face charges for damaging an electrical or telephone line and vandalism.

Another related provision is PC 347, which makes poisoning water, medicine, or food illegal. Additionally, VC 21464 prohibits defacing or interfering with traffic control devices.

Hate Crime Vandalism Laws Under PC 422.55

California Penal Code 422.55 describes what constitutes a hate crime. It refers to crimes committed based on the offender’s views about the victim’s characteristics. Hate crime vandalism is a type of vandalism where an offender damages property due to:

• The victim’s mental or physical disability
• The victim’s national origin
• Gender stereotypes related to the victim
• The victim’s religious beliefs
• The victim’s race or ethnic group
• Any group or association the victim is part of
• The victim’s sexual orientation or lifestyle

In California, the court treats this kind of vandalism very seriously and comes with harsher penalties to show how serious the crime is. Hate crimes, according to California Penal Code 422.6, are misdemeanors. If convicted, a person may face:

• A maximum of one year in jail
• Fines reaching up to $5,000
• As much as 400 hours of community service

If there are aggravating factors, as stated in California Penal Code 422.7, the crime will be a felony. Convicted individuals may face:

• Up to 3 years behind bars
• Fines not exceeding $10,000

Vandalism motivated by hate is subject to enhanced penalties under the Hate Crime Sentencing Enhancement. The enhancement means that any crime, like vandalism, motivated by hate or bias can lead to enhanced penalties.

The court adds enhanced penalties to the regular felony sentences. Offenders can receive an extra 1, 2, or 3 years in state prison on top of their original sentence. If someone commits a hate crime or helps another person commit one, they may receive an additional 2, 3, or 4 years in prison in addition to the previous penalties.

Frequently Asked Questions About Vandalism

The following are some of the commonly asked questions about vandalism:

Can I Face Vandalism Charges If the Damages Are Minor?

Under California Penal Code 594, even minor damage can count as vandalism. For example, writing on a glass window with a pen is a form of defacement.

Can I Prevent the Suspension of My Driver’s License After a Vandalism Conviction?

If the court finds you guilty of vandalism, you could have the chance to do community service under the supervision of the probation department. This option may help delay or reduce their driver’s license suspension. Each hour of community service can cut one day off the suspension. Furthermore, your attorney can try to arrange a plea deal to keep your license from suspension.